GATETE v. ECOBANK LTD

GATETE v. ECOBANK LTD

The execution of judgment against Gatete Polycarpe as guarantor must be limited to the collateral specified in the loan agreement (plot nº 8957), and the Professional Bailiff exceeded authority by including other properties. The claim was timely as the dispute arose upon the bailiff's response on 26/10/2017. Ecobank's incidental claim for damages was unfounded.

Citation
RLR V.2-2024
Parties
Applicant/guarantor: Gatete Polycarpe; Respondent/bank: Ecobank Rwanda Ltd
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
1 May 2018
Case Number
RCOM 00011/2017/CS
Procedural Posture
Commercial / Post Judgment Execution Dispute
Outcome
Claim by Gatete Polycarpe founded; Ecobank's incidental claim dismissed.
Legal Topics
Guarantor Liability, Mortgage Enforcement, Execution of Judgments, Bailiff Conduct
Source Language
en, rw
Commercial Law Banking Law Civil Procedure Guarantor Liability Mortgage Enforcement Execution of Judgments Bailiff Conduct

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Parties

Gatete Polycarpe

Applicant/guarantor

Ecobank Rwanda Ltd

Respondent/bank

Procedural Posture

Commercial / Post Judgment Execution Dispute

Legal Issues

  1. 1 Whether the execution of judgment exceeded the limits of the guarantor's liability
  2. 2 Whether the claim was time-barred under procedural rules
  3. 3 Whether damages were due to either party

Ratio Decidendi

The execution of judgment against Gatete Polycarpe as guarantor must be limited to the collateral specified in the loan agreement (plot nº 8957), and the Professional Bailiff exceeded authority by including other properties. The claim was timely as the dispute arose upon the bailiff's response on 26/10/2017. Ecobank's incidental claim for damages was unfounded.

Court Disposition

Claim by Gatete Polycarpe founded; Ecobank's incidental claim dismissed.

Orders

  • Execution against Gatete Polycarpe limited to plot nº 8957 as collateral.
  • Ecobank Rwanda Ltd to pay Gatete Polycarpe 1,000,000 Frw for procedural and counsel’s fees.