MBERABAGABO ET AL v. FIAT AMELIE ET AL

MBERABAGABO ET AL v. FIAT AMELIE ET AL

The Commercial High Court was competent to review its own judgment under article 186 of Law n° 21/2012, as the review was based on gross errors of fact and injustice, not on the grounds reserved for the Supreme Court. The respondents did not simultaneously pursue appeal and review, as they withdrew the appeal before filing for review. The sale between Fiat Amelie and Dunia Bakarani was valid as the creditor was paid before auction, satisfying the debt and making redemption lawful. Notary Kayitesi Judith and Mberabagabo Innocent were liable for depriving Fiat Amelie of rental income due to the unlawful auction, but Butera Jean-Pierre was not liable as he did not buy the house.

Citation
RLR V.3 - 2015
Parties
Appellant: Mberabagabo Innocent; Appellant: Kayitesi Judith; Appellant: Butera Jean-Pierre; Respondent: Fiat Amelie; Respondent: Dunia Bakarani; Interested Party: I&M Bank (formerly Banque Commerciale du Rwanda)
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
28 March 2014
Case Number
RS/REV/INJUST/COM 0001/13/SC
Procedural Posture
Civil/commercial Review / Supreme Court Final Judgment
Outcome
Appeal by Kayitesi Judith and Mberabagabo Innocent dismissed; appeal by Butera Jean-Pierre allowed in part; Commercial High Court judgment modified as to liability for damages.
Legal Topics
Review of Judgment, Jurisdiction, Auction and Redemption, Damages, Abuse of Process
Source Language
en
Civil Procedure Commercial Law Contract Law Tort Law Review of Judgment Jurisdiction Auction and Redemption Damages +1 more

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Parties

Mberabagabo Innocent

Appellant

Kayitesi Judith

Appellant

Butera Jean-Pierre

Appellant

Fiat Amelie

Respondent

Dunia Bakarani

Respondent

I&M Bank (formerly Banque Commerciale du Rwanda)

Interested Party

Procedural Posture

Civil/commercial Review / Supreme Court Final Judgment

Legal Issues

  1. 1 Whether the Commercial High Court was competent to review the judgment for injustice grounds
  2. 2 Whether simultaneous use of appeal and review was impermissible
  3. 3 Whether the sale between Fiat Amelie and Dunia Bakarani was valid and could redeem the property before auction

Ratio Decidendi

The Commercial High Court was competent to review its own judgment under article 186 of Law n° 21/2012, as the review was based on gross errors of fact and injustice, not on the grounds reserved for the Supreme Court. The respondents did not simultaneously pursue appeal and review, as they withdrew the appeal before filing for review. The sale between Fiat Amelie and Dunia Bakarani was valid as the creditor was paid before auction, satisfying the debt and making redemption lawful. Notary Kayitesi Judith and Mberabagabo Innocent were liable for depriving Fiat Amelie of rental income due to the unlawful auction, but Butera Jean-Pierre was not liable as he did not buy the house.

Court Disposition

Appeal by Kayitesi Judith and Mberabagabo Innocent dismissed; appeal by Butera Jean-Pierre allowed in part; Commercial High Court judgment modified as to liability for damages.

Orders

  • Notary Kayitesi Judith and Mberabagabo Innocent to jointly pay Fiat Amelie 29,575,000 Rwf for lost rent.
  • Notary Kayitesi Judith and Mberabagabo Innocent to jointly pay Fiat Amelie and Dunia Bakarani 1,000,000 Rwf for counsel's fees (including 500,000 Rwf previously awarded).