I&MBANK v. BIGIRIMANA

I&MBANK v. BIGIRIMANA

I&M Bank failed to produce written agreements for all loans claimed, so Bigirimana is only liable for the amount he was formally notified of (61,766,242 Frw). The bank's unjustified refusal to disburse the full loan caused commercial harm to Bigirimana, justifying damages of 5,000,000 Frw. Interest at 19% is not payable beyond what was contractually agreed. New claims for consequential damages by Bigirimana are inadmissible at the appeal stage.

Citation
RCOMA 0011/12/CS
Parties
Appellant/respondent: I&M Bank; Respondent/appellant: Bigirimana Robert
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
24 April 2015
Case Number
RCOMA 0011/12/CS
Procedural Posture
Commercial Appeal / Supreme Court Final Judgment
Outcome
Appeal by I&M Bank partially allowed; cross-appeal by Bigirimana dismissed.
Legal Topics
Loan Agreements, Damages for Breach of Contract, Proof of Debt, Interest on Loans, Procedural Law New Claims on Appeal
Source Language
rw, en
Commercial Law Banking Law Civil Procedure Loan Agreements Damages for Breach of Contract Proof of Debt Interest on Loans Procedural Law New Claims on Appeal

Case Brief

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Parties

I&M Bank

Appellant/respondent

Bigirimana Robert

Respondent/appellant

Procedural Posture

Commercial Appeal / Supreme Court Final Judgment

Legal Issues

  1. 1 Whether I&M Bank proved the full amount of the loan claimed against Bigirimana
  2. 2 Whether Bigirimana is entitled to damages for not receiving the full loan promised
  3. 3 Whether interest at 19% is payable on the outstanding loan

Ratio Decidendi

I&M Bank failed to produce written agreements for all loans claimed, so Bigirimana is only liable for the amount he was formally notified of (61,766,242 Frw). The bank's unjustified refusal to disburse the full loan caused commercial harm to Bigirimana, justifying damages of 5,000,000 Frw. Interest at 19% is not payable beyond what was contractually agreed. New claims for consequential damages by Bigirimana are inadmissible at the appeal stage.

Court Disposition

Appeal by I&M Bank partially allowed; cross-appeal by Bigirimana dismissed.

Orders

  • Bigirimana Robert to pay I&M Bank 56,766,242 Frw as outstanding debt after set-off of damages.
  • Both parties to share court costs of 100,000 Frw.