FINA BANK v. KAYIRANGWA

The Supreme Court held that KAYIRANGWA Colette became aware of the judgment through public notice and her counsel's subsequent actions, and that her application to set aside the judgment was filed after the 15-day statutory period had expired. Therefore, her application was inadmissible and her appeal had no merit.

Citation: RCOMA 0067/12/CS
Parties: Applicant: FINA BANK (now Guaranty Trust Bank Ltd); Respondent: KAYIRANGWA Colette; Interveners: Children of KAYIRANGWA Colette
Court: Supreme Court
Jurisdiction: Rwanda
Judgment Date: 11 April 2014
Case Number: RCOMA 0067/12/CS
Procedural Posture: Commercial Appeal / Supreme Court Judgment
Outcome: Appeal dismissed; cross-appeal allowed in part
Legal Topics: Setting Aside Default Judgment, Time Limits for Appeals, Service of Process
Source Language: rw, en

Civil Procedure Commercial Law Setting Aside Default Judgment Time Limits for Appeals Service of Process

Case Brief

Summary, issues, holding and outcome

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Full judgment text Legal principles 1 Authorities cited 1 Party arguments 2 Amounts and remedies 4

Parties

FINA BANK (now Guaranty Trust Bank Ltd)

Applicant

KAYIRANGWA Colette

Respondent

Children of KAYIRANGWA Colette

Interveners

Procedural Posture

Commercial Appeal / Supreme Court Judgment

Legal Issues

1 Whether KAYIRANGWA Colette's application to set aside the default judgment was filed within the statutory 15-day period
2 Whether proper service of the judgment was effected on KAYIRANGWA Colette

Ratio Decidendi

Court Disposition

Appeal dismissed; cross-appeal allowed in part

Orders

KAYIRANGWA Colette to pay Guaranty Trust Bank Ltd 400,000 Frw as attorney fees
KAYIRANGWA Colette to pay 20,800 Frw as court costs within 8 days, failing which the amount will be forcibly recovered