KAYIRANGA v. I&MBANK

KAYIRANGA v. I&MBANK

Kayiranga failed to provide evidence of partial repayments to rebut the bank's loan history; thus, he remains liable for the outstanding principal and contractual interest. The bank is entitled to interest and penalties as stipulated in the loan agreement, and the lower court erred in not awarding continuing interest.

Citation
RCOMA 0118/11/CS
Parties
Appellant/defendant: KAYIRANGA Jean Bosco; Guarantor/defendant: MUKAMURENZI Aurélie; Respondent/plaintiff: I&M BANK (formerly BCR SA)
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
15 January 2016
Case Number
RCOMA 0118/11/CS
Procedural Posture
Commercial Appeal / Supreme Court Judgment
Outcome
Appeal by Kayiranga dismissed; cross-appeal by I&M Bank allowed.
Legal Topics
Loan Recovery, Banking Law, Evidence Burden, Contract Enforcement, Interest Calculation
Source Language
rw, en
Commercial Law Civil Procedure Loan Recovery Banking Law Evidence Burden Contract Enforcement Interest Calculation

Case Brief

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Parties

KAYIRANGA Jean Bosco

Appellant/defendant

MUKAMURENZI Aurélie

Guarantor/defendant

I&M BANK (formerly BCR SA)

Respondent/plaintiff

Procedural Posture

Commercial Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether Kayiranga was liable for the full outstanding loan despite alleged partial repayments
  2. 2 Whether I&M Bank was entitled to contractual interest and penalties
  3. 3 Whether the lower court erred in not awarding continuing interest as per contract

Ratio Decidendi

Kayiranga failed to provide evidence of partial repayments to rebut the bank's loan history; thus, he remains liable for the outstanding principal and contractual interest. The bank is entitled to interest and penalties as stipulated in the loan agreement, and the lower court erred in not awarding continuing interest.

Court Disposition

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

Orders

  • Kayiranga Jean Bosco and Mukamurenzi Aurélie are jointly ordered to pay I&M Bank a total of 54,607,130 Rwandan Francs, comprising outstanding principal, interest, and penalties as detailed in the judgment.