DEMIMPEX v. COGE BANQUE et al.

DEMIMPEX v. COGE BANQUE et al.

DEMIMPEX, having attended and signed for the hearing date and not appearing without justification, demonstrated lack of interest; thus, the appeal is struck off and DEMIMPEX is liable for procedural and advocate’s fees to the respondents.

Citation
RCOMA 0066/11/CS
Parties
Appellant: DEMIMPEX; Respondent: COGEBANQUE; Respondent: MAGERWA S.A; Respondent: Rwanda Revenue Authority
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 struck off; costs awarded against appellant.
Legal Topics
Striking Off Cases, Default Judgment, Procedural Costs, Advocate's Fees
Source Language
en, rw
Commercial Law Civil Procedure Striking Off Cases Default Judgment Procedural Costs Advocate's Fees

Case Brief

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Parties

DEMIMPEX

Appellant

COGEBANQUE

Respondent

MAGERWA S.A

Respondent

Rwanda Revenue Authority

Respondent

Procedural Posture

Commercial Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether the appeal of DEMIMPEX should be struck off for failure to appear without justification
  2. 2 Whether defendants are entitled to procedural and advocate’s fees

Ratio Decidendi

DEMIMPEX, having attended and signed for the hearing date and not appearing without justification, demonstrated lack of interest; thus, the appeal is struck off and DEMIMPEX is liable for procedural and advocate’s fees to the respondents.

Court Disposition

Appeal struck off; costs awarded against appellant.

Orders

  • Appeal of DEMIMPEX is struck off from the court registers.
  • DEMIMPEX to pay COGEBANQUE 1,000,000 Frw for procedural and lawyer’s fees.