NTEGEYE v ECOBANK RWANDA LTD kinyarwanda

NTEGEYE v ECOBANK RWANDA LTD kinyarwanda

A judgment reviewed on grounds of injustice, regardless of the outcome (whether injustice is found, not found, or the application is not admitted), is final and cannot be reviewed again on new facts. This is to ensure finality and legal certainty, as provided by Article 83 of Organic Law No 03/2012/OL and clarified by Article 53 of Law No 30/2018. Therefore, Ntegeye Bernard's application for review on new facts is inadmissible.

Citation
RCOMAA 00001/2019/SC
Parties
Applicant: Ntegeye Bernard; Respondent: Ecobank Rwanda Ltd; Respondent: National Bank of Rwanda
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
24 January 2020
Case Number
RCOMAA 00001/2019/SC
Procedural Posture
Civil / Supreme Court Application for Review on Grounds of Injustice and New Facts
Outcome
Application dismissed as inadmissible; previous Supreme Court judgment remains in force.
Legal Topics
Review of Judgments, Finality of Judgments, Settlement Agreements, Bank Loan Disputes, Pre Emption Rights, Execution of Judgments
Source Language
rw
Civil Procedure Contract Law Banking Law Review of Judgments Finality of Judgments Settlement Agreements Bank Loan Disputes Pre Emption Rights +1 more

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Parties

Ntegeye Bernard

Applicant

Ecobank Rwanda Ltd

Respondent

National Bank of Rwanda

Respondent

Procedural Posture

Civil / Supreme Court Application for Review on Grounds of Injustice and New Facts

Legal Issues

  1. 1 Whether a judgment reviewed on grounds of injustice can be reviewed again on new facts
  2. 2 Interpretation of Article 83 of Organic Law No 03/2012/OL and Article 53 of Law No 30/2018 regarding finality of judgments reviewed for injustice
  3. 3 Entitlement to costs and damages for repeated litigation

Ratio Decidendi

A judgment reviewed on grounds of injustice, regardless of the outcome (whether injustice is found, not found, or the application is not admitted), is final and cannot be reviewed again on new facts. This is to ensure finality and legal certainty, as provided by Article 83 of Organic Law No 03/2012/OL and clarified by Article 53 of Law No 30/2018. Therefore, Ntegeye Bernard's application for review on new facts is inadmissible.

Court Disposition

Application dismissed as inadmissible; previous Supreme Court judgment remains in force.

Orders

  • Ntegeye Bernard's application for review on new facts is not admitted.
  • The previous Supreme Court judgment (RS/RV/INJUST/COM 0001/16/CS of 09/09/2016) remains in force.