JACQUES v. BANQUE DE KIGALI

JACQUES v. BANQUE DE KIGALI

A foreigner who files an appeal is considered a plaintiff at the appellate level and must pay the security deposit required for foreigners under article 87 of Law nº 21/2012 if requested by the respondent, as the rationale for the deposit applies equally at the appellate stage.

Citation
RCOMA 0093/12/CS
Parties
Appellant: Jacques Schillings; Respondent: Banque de Kigali (BK)
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
6 February 2015
Case Number
RCOMA 0093/12/CS
Procedural Posture
Commercial Appeal / Interlocutory Objection on Security Deposit
Outcome
Objection upheld; appellant ordered to pay security deposit before proceedings continue.
Legal Topics
Security Deposit for Foreign Litigants, Appellate Procedure, Jurisdictional Objection
Source Language
en
Civil Procedure Commercial Law Security Deposit for Foreign Litigants Appellate Procedure Jurisdictional Objection

Case Brief

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Parties

Jacques Schillings

Appellant

Banque de Kigali (BK)

Respondent

Procedural Posture

Commercial Appeal / Interlocutory Objection on Security Deposit

Legal Issues

  1. 1 Whether a foreign appellant must furnish a security deposit under article 87 of Law nº 21/2012 when appealing a commercial judgment

Ratio Decidendi

A foreigner who files an appeal is considered a plaintiff at the appellate level and must pay the security deposit required for foreigners under article 87 of Law nº 21/2012 if requested by the respondent, as the rationale for the deposit applies equally at the appellate stage.

Court Disposition

Objection upheld; appellant ordered to pay security deposit before proceedings continue.

Orders

  • Jacques SCHILLINGS to pay a guarantee of 5,000,000 Frw in public account before 10/10/2014.
  • Proceedings to continue on 13/10/2014 after deposit is paid.