KALISA v. BPR

KALISA v. BPR

The Supreme Court held that the contract version without unilateral alterations by BPR governs, as modification without consent is invalid. KALISA's claim for damages failed due to lack of proof of causation and actual loss. BPR's counterclaim was dismissed as untimely. KALISA is liable for the outstanding loan minus payments made; procedural objections regarding evidence were rejected as applicant had opportunity to respond.

Citation
RCOMA 0055/11/CS
Parties
Applicant: KALISA Dominique; Respondent: BPR
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
14 March 2014
Case Number
RCOMA 0055/11/CS
Procedural Posture
Commercial Appeal / Supreme Court Final Judgment
Outcome
Appeal partially allowed; cross-appeal dismissed.
Legal Topics
Loan Agreements, Contract Modification, Damages, Procedural Evidence, Appeal
Source Language
rw
Commercial Law Contract Law Civil Procedure Loan Agreements Contract Modification Damages Procedural Evidence Appeal

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 3 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

KALISA Dominique

Applicant

BPR

Respondent

Procedural Posture

Commercial Appeal / Supreme Court Final Judgment

Legal Issues

  1. 1 Whether evidence was improperly admitted at trial
  2. 2 Which loan contract version governs the parties
  3. 3 Entitlement to damages for breach

Ratio Decidendi

The Supreme Court held that the contract version without unilateral alterations by BPR governs, as modification without consent is invalid. KALISA's claim for damages failed due to lack of proof of causation and actual loss. BPR's counterclaim was dismissed as untimely. KALISA is liable for the outstanding loan minus payments made; procedural objections regarding evidence were rejected as applicant had opportunity to respond.

Court Disposition

Appeal partially allowed; cross-appeal dismissed.

Orders

  • KALISA Dominique to pay BPR 10,000,000 Frw as outstanding loan principal.
  • BPR to pay 31,900 Frw court fees within eight days or face enforcement.