ECOBANK RWANDA PLC v. ABAZUNGURA BA RWIGEMA N’UNDI

ECOBANK RWANDA PLC v. ABAZUNGURA BA RWIGEMA N’UNDI

The core issue was not a commercial dispute but the determination of property ownership, which is a civil (family) matter outside the jurisdiction of commercial courts. ECOBANK's claim for registration of the property in Rwigema's name required first establishing ownership, which is not a commercial dispute....

Source-derived case information.

Citation
RCOMAA 00075/2024/CA
Parties
Appellant: ECOBANK RWANDA PLC; Respondent: OLUOCH Peter Mboya; Respondent: OLUOCH Yayden Liam
Court
Court of Appeal
Jurisdiction
Rwanda
Judgment Date
21 October 2025
Case Number
RCOMAA 00075/2024/CA
Procedural Posture
Civil Appeal / Final Appellate Judgment
Outcome
appeal dismissed
Legal Topics
Jurisdiction of Commercial Courts, Registration of Property, Mortgage Enforcement, Standing of Heirs, Procedural Default
Source Language
rw
Civil Procedure Commercial Law Property Law Jurisdiction of Commercial Courts Registration of Property Mortgage Enforcement Standing of Heirs Procedural Default

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

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

Parties

ECOBANK RWANDA PLC

Appellant

OLUOCH Peter Mboya

Respondent

OLUOCH Yayden Liam

Respondent

Procedural Posture

Civil Appeal / Final Appellate Judgment

  1. 1 Whether the dispute over registration of property used as collateral falls within the jurisdiction of commercial courts or is a civil (family) matter
  2. 2 Entitlement to costs and attorney fees

Ratio Decidendi

The core issue was not a commercial dispute but the determination of property ownership, which is a civil (family) matter outside the jurisdiction of commercial courts. ECOBANK's claim for registration of the property in Rwigema's name required first establishing ownership, which is not a commercial dispute. Therefore, the commercial courts lacked jurisdiction, and the appeal was dismissed.

Court Disposition

appeal dismissed

Orders

  • Judgment of the High Commercial Court (RCOMA 00212/2024/HCC) affirmed
  • ECOBANK RWANDA Plc to pay respondents (OLUOCH Peter Mboya and OLUOCH Yayden Liam) 300,000 Frw as costs and 500,000 Frw as attorney fees