BUHIRE ET AL v. BRD

BUHIRE ET AL v. BRD

The expulsion of appellants from the cooperative does not extinguish their liability under the loan and suretyship contract, as the contract remains binding until the debt is paid or otherwise extinguished according to law. No evidence was provided that the debt was paid or otherwise discharged.

Citation
RCOMA 0024/09/CS
Parties
Appellant: BUHIRE Etienne; Appellant: KIMENYI Evariste; Respondent: BRD (Rwanda Development Bank); Respondent: COCAF-AMIZERO
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
6 May 2011
Case Number
RCOMA 0024/09/CS
Procedural Posture
Civil Appeal / Supreme Court Judgment
Outcome
appeal dismissed
Legal Topics
Loan Contract, Suretyship, Guarantee, Expulsion From Cooperative, Mortgage Liability
Source Language
en, rw
Commercial Law Contract Law Loan Contract Suretyship Guarantee Expulsion From Cooperative Mortgage Liability

Case Brief

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Parties

BUHIRE Etienne

Appellant

KIMENYI Evariste

Appellant

BRD (Rwanda Development Bank)

Respondent

COCAF-AMIZERO

Respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether expulsion from the cooperative relieves appellants of liability under the loan and suretyship contract

Ratio Decidendi

The expulsion of appellants from the cooperative does not extinguish their liability under the loan and suretyship contract, as the contract remains binding until the debt is paid or otherwise extinguished according to law. No evidence was provided that the debt was paid or otherwise discharged.

Court Disposition

appeal dismissed

Orders

  • Judgment of Commercial High Court RCOM 0408/08/HCC confirmed
  • Appellants ordered to pay court fees of RWF 39,100