NKWAYA V ECOBANK

NKWAYA V ECOBANK

The Court held that Aquilla & Priscilla is only a business name without legal personality; thus, Nkwaya Kega Alfred, as the registered business owner, is personally liable for the debt. Theft by a third party did not constitute force majeure excusing repayment. The calculation of the debt and interest was in accordance with the law, limiting recoverable interest to the principal amount. Legal fees and costs were properly awarded to the respondent.

Citation
RCMAA00085/2018/CA
Parties
Appellant: Nkwaya Kega Alfred; Respondent: Ecobank Rwanda Ltd
Court
Court of Appeal
Jurisdiction
Rwanda
Judgment Date
14 June 2019
Case Number
RCMAA00085/2018/CA
Procedural Posture
Commercial Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed; lower court judgment affirmed.
Legal Topics
Business Names, Individual Enterprise Liability, Loan Agreements, Force Majeure, Calculation of Interest, Procedural Law
Source Language
en, rw
Commercial Law Banking Law Business Names Individual Enterprise Liability Loan Agreements Force Majeure Calculation of Interest Procedural Law

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 3 Authorities cited 6 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Nkwaya Kega Alfred

Appellant

Ecobank Rwanda Ltd

Respondent

Procedural Posture

Commercial Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether Aquilla & Priscilla or Nkwaya Kega Alfred was the proper party to be sued
  2. 2 Whether theft by a third party excused repayment of the loan
  3. 3 Whether the calculation of the debt and interest was correct

Ratio Decidendi

The Court held that Aquilla & Priscilla is only a business name without legal personality; thus, Nkwaya Kega Alfred, as the registered business owner, is personally liable for the debt. Theft by a third party did not constitute force majeure excusing repayment. The calculation of the debt and interest was in accordance with the law, limiting recoverable interest to the principal amount. Legal fees and costs were properly awarded to the respondent.

Court Disposition

Appeal dismissed; lower court judgment affirmed.

Orders

  • Nkwaya Kega Alfred to pay Ecobank Rwanda Ltd 1,000,000 Frw for legal fees and costs.