ABAZUNGURA BA RWASIBO v. I&MBANK Ltd

ABAZUNGURA BA RWASIBO v. I&MBANK Ltd

The Supreme Court held that the parties and subject matter in both the prior and current cases were the same, and the prior judgment (RC 9508/86) had res judicata effect, precluding the current claim. The court further held that once the principal claim is inadmissible, accessory claims cannot be adjudicated. The...

Source-derived case information.

Citation
RCOMA 0065/13/CS
Parties
Applicant: Abazungura ba Rwasibo Jean-Baptiste; Respondent: I&M Bank Ltd (ex-BCR SA)
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
30 January 2015
Case Number
RCOMA 0065/13/CS
Procedural Posture
Civil Appeal / Supreme Court Judgment
Outcome
appeal dismissed
Legal Topics
Res Judicata, Contract Resolution, Damages, Standing of Parties
Civil Procedure Contract Law Evidence Law Res Judicata Contract Resolution Damages Standing of Parties

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Parties

Abazungura ba Rwasibo Jean-Baptiste

Applicant

I&M Bank Ltd (ex-BCR SA)

Respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment

  1. 1 Whether the claim by the heirs of Rwasibo Jean-Baptiste is precluded by res judicata from RC 9508/86
  2. 2 Whether the Commercial High Court failed to rule on all claims presented
  3. 3 Whether I&M Bank Ltd is entitled to damages for being sued without cause

Ratio Decidendi

The Supreme Court held that the parties and subject matter in both the prior and current cases were the same, and the prior judgment (RC 9508/86) had res judicata effect, precluding the current claim. The court further held that once the principal claim is inadmissible, accessory claims cannot be adjudicated. The request for damages by I&M Bank Ltd was denied as the right to appeal is legitimate, but a reduced attorney fee was awarded.

Court Disposition

appeal dismissed

Orders

  • The appeal by the heirs of Rwasibo Jean-Baptiste is dismissed as unfounded.
  • The judgment of the Commercial High Court in RCOM 0091/10/CS is upheld.