MUNYABURANGA v ECOBANK Plc (yahoze yitwa BCDI)

MUNYABURANGA v ECOBANK Plc (yahoze yitwa BCDI)

Applicant did not prove that his illness (diabetes) rendered him legally incapable of acting or that it constituted force majeure under the law; medical certificates did not establish incapacity as defined by law; therefore, the application for revision was filed out of time and is inadmissible.

Citation
RLR V.1-2022
Parties
Applicant: MUNYABURANGA Jean Damascène; Respondent: ECOBANK Plc (yahoze yitwa BCDI)
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
15 July 2022
Case Number
RS/REV/RCOM 00001/2022/SC
Procedural Posture
Commercial Revision / Supreme Court Judgment on Admissibility of Revision Based on New Evidence
Outcome
Application for revision dismissed as inadmissible for being filed out of time.
Legal Topics
Revision of Judgments, Limitation Periods, Legal Incapacity, New Evidence, Compensation of Legal Costs
Source Language
en, rw
Civil Procedure Commercial Law Revision of Judgments Limitation Periods Legal Incapacity New Evidence Compensation of Legal Costs

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Parties

MUNYABURANGA Jean Damascène

Applicant

ECOBANK Plc (yahoze yitwa BCDI)

Respondent

Procedural Posture

Commercial Revision / Supreme Court Judgment on Admissibility of Revision Based on New Evidence

Legal Issues

  1. 1 Whether the application for revision based on new evidence was filed within the statutory time limit
  2. 2 Whether the applicant's illness constituted a force majeure justifying extension of the limitation period

Ratio Decidendi

Applicant did not prove that his illness (diabetes) rendered him legally incapable of acting or that it constituted force majeure under the law; medical certificates did not establish incapacity as defined by law; therefore, the application for revision was filed out of time and is inadmissible.

Court Disposition

Application for revision dismissed as inadmissible for being filed out of time.

Orders

  • Applicant to pay respondent 500,000 Frw as advocate's fee.
  • Applicant to pay respondent 300,000 Frw as litigation costs.