1JACQUES v. BANQUE DE KIGALI

A foreign appellant is deemed a 'plaintiff' for the purpose of security for costs under Article 87 of Law nº 21/2012, and must provide the required monetary guarantee before the appeal proceeds.

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 (security for Costs)
Outcome: Objection upheld; appellant ordered to pay security for costs before proceedings continue.
Legal Topics: Security for Costs, Foreign Litigants, Jurisdiction, Appeals
Source Language: rw

Civil Procedure Commercial Law Security for Costs Foreign Litigants Jurisdiction Appeals

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Parties

Jacques Schillings

Appellant

Banque de Kigali (BK)

Respondent

Procedural Posture

Commercial Appeal / Interlocutory (security for Costs)

Legal Issues

1 Whether a foreign appellant is required to provide security for costs under Rwandan law
2 Interpretation of 'plaintiff' for purposes of security for costs in appellate proceedings

Ratio Decidendi

A foreign appellant is deemed a 'plaintiff' for the purpose of security for costs under Article 87 of Law nº 21/2012, and must provide the required monetary guarantee before the appeal proceeds.

Court Disposition

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

Orders

Jacques Schillings must pay 5,000,000 Rwandan francs as security for costs to the State Treasury by 10/10/2014 before the case proceeds.
Hearing adjourned to 13/10/2014.