B.P.R. V. KALISA ET AL

B.P.R. V. KALISA ET AL

The Supreme Court held that only interests clearly stipulated in the contract and properly explained are awardable; unexplained or new claims for interest at appeal are not. Procedural and advocate fees are granted to the winning party. Provisional execution is denied as the debt was disputed and the contract did...

Source-derived case information.

Citation
2014SC
Parties
Appellant: B.P.R. Ltd; Respondent: KALISA Michel; Respondent: KANTENGWA Odette
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
28 November 2014
Case Number
2014SC
Procedural Posture
Civil Appeal / Supreme Court Judgment
Outcome
Appeal allowed in part; lower court decision modified regarding sums owed.
Legal Topics
Loan Agreements, Interest Calculation, Damages, Procedural Fees, Provisional Execution, Grace Period, Guarantor Liability
Source Language
en
Contract Law Commercial Law Loan Agreements Interest Calculation Damages Procedural Fees Provisional Execution Grace Period +1 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 6 Authorities cited 3 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

B.P.R. Ltd

Appellant

KALISA Michel

Respondent

KANTENGWA Odette

Respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether the calculation of interests by BPR was correct and in accordance with the contract and law
  2. 2 Whether damages and procedural fees are awardable to the parties
  3. 3 Whether provisional execution of judgment should be granted

Ratio Decidendi

The Supreme Court held that only interests clearly stipulated in the contract and properly explained are awardable; unexplained or new claims for interest at appeal are not. Procedural and advocate fees are granted to the winning party. Provisional execution is denied as the debt was disputed and the contract did not provide for it. Grace period extension was denied for lack of evidence. KALISA and KANTENGWA are jointly liable to pay the principal, contractual and default interests, and procedural fees, less the amount already paid.

Court Disposition

Appeal allowed in part; lower court decision modified regarding sums owed.

Orders

  • KALISA Michel and KANTENGWA Odette to pay B.P.R Ltd 60,003,476 Rwfrs principal, 34,802,016 Rwfrs ordinary interest, 6,960,403 Rwfrs default interest, and 1,000,000 Rwfrs procedural and advocate fees, less 8,000,000 Rwfrs already paid, totaling 94,765,895 Rwfrs.
  • KALISA Michel and KANTENGWA Odette to pay court fees.