BPR Ltd v. KALISA

BPR Ltd v. KALISA

Kalisa Michel and Kantengwa Odette are jointly liable to BPR Ltd for the principal and interest as per the loan agreement. The Supreme Court recalculated the amounts due, deducting payments already made, and rejected claims for additional damages and interim execution. The respondents' request for an extension of...

Source-derived case information.

Citation
RCOMA 0021/13/CS
Parties
Appellant: BPR Ltd; Respondent: KALISA Michel; Respondent: KANTENGWA Odette
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
28 November 2014
Case Number
RCOMA 0021/13/CS
Procedural Posture
Commercial Appeal / Supreme Court Judgment
Outcome
Appeal partially allowed; judgment varied as to amounts due.
Legal Topics
Loan Agreements, Guarantee Liability, Interest Calculation, Appeal Procedure
Contract Law Banking Law Loan Agreements Guarantee Liability Interest Calculation Appeal Procedure

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Parties

BPR Ltd

Appellant

KALISA Michel

Respondent

KANTENGWA Odette

Respondent

Procedural Posture

Commercial Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether Kalisa Michel and Kantengwa Odette are jointly liable for the principal and interest under the loan agreement with BPR Ltd
  2. 2 Whether BPR Ltd is entitled to claim both regular and default interest as calculated
  3. 3 Whether additional claims (damages for litigation, interim execution) are justified

Ratio Decidendi

Kalisa Michel and Kantengwa Odette are jointly liable to BPR Ltd for the principal and interest as per the loan agreement. The Supreme Court recalculated the amounts due, deducting payments already made, and rejected claims for additional damages and interim execution. The respondents' request for an extension of time was denied due to insufficient evidence.

Court Disposition

Appeal partially allowed; judgment varied as to amounts due.

Orders

  • Kalisa Michel and Kantengwa Odette to pay BPR Ltd 60,003,476 Frw principal, 34,802,016 Frw regular interest, 6,960,403 Frw default interest, and 1,000,000 Frw legal costs, less 8,000,000 Frw already paid, totaling 94,765,895 Frw.
  • Kalisa Michel and Kantengwa Odette to bear the costs of the proceedings.