DEMIMPEX v. COGEBANQUE n’abandi

DEMIMPEX v. COGEBANQUE n’abandi

DEMIMPEX failed to appear at the hearing without justification despite prior notice and participation in pre-trial conferences, indicating no interest in pursuing the appeal. Under Article 57 of Law nº 21/2012, the appeal must be dismissed and DEMIMPEX must pay the respondents' costs and attorney fees.

Source-derived case information.

Citation
RCOMA 0066/11/CS
Parties
Applicant: DEMIMPEX; Respondent: COGEBANQUE; Respondent: MAGERWA S.A; Respondent: Rwanda Revenue Authority (RRA)
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
16 January 2015
Case Number
RCOMA 0066/11/CS
Procedural Posture
Commercial Appeal / Supreme Court Judgment
Outcome
Appeal dismissed for non-appearance of appellant.
Legal Topics
Dismissal for Non Appearance, Costs and Attorney Fees, Jurisdiction, Enforcement of Security Interests
Civil Procedure Commercial Law Dismissal for Non Appearance Costs and Attorney Fees Jurisdiction Enforcement of Security Interests

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 1 Authorities cited 1 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

DEMIMPEX

Applicant

COGEBANQUE

Respondent

MAGERWA S.A

Respondent

Rwanda Revenue Authority (RRA)

Respondent

Procedural Posture

Commercial Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether DEMIMPEX's appeal should be dismissed for non-appearance
  2. 2 Whether respondents are entitled to costs and attorney fees

Ratio Decidendi

DEMIMPEX failed to appear at the hearing without justification despite prior notice and participation in pre-trial conferences, indicating no interest in pursuing the appeal. Under Article 57 of Law nº 21/2012, the appeal must be dismissed and DEMIMPEX must pay the respondents' costs and attorney fees.

Court Disposition

Appeal dismissed for non-appearance of appellant.

Orders

  • DEMIMPEX's appeal is struck from the court record.
  • DEMIMPEX to pay COGEBANQUE 1,000,000 Frw for costs and attorney fees.