JACQUES v. BANQUE DE KIGALI

JACQUES v. BANQUE DE KIGALI

A foreigner who files an appeal is deemed a plaintiff at the appellate stage and must pay the security deposit required for foreigners under article 87, as the rationale for the deposit applies equally at the appeal level to ensure payment of potential court fees and damages.

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

Case Brief

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Parties

Jacques Schillings

Appellant

Banque de Kigali

Respondent

Procedural Posture

Commercial Appeal / Preliminary Objection at Supreme Court

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 deemed a plaintiff at the appellate stage and must pay the security deposit required for foreigners under article 87, as the rationale for the deposit applies equally at the appeal level to ensure payment of potential court fees and damages.

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