NTEGEYE v. ECOBANK RWANDA LTD N’UNDI_232770_kn

NTEGEYE v. ECOBANK RWANDA LTD N’UNDI_232770_kn

The court held that the settlement agreement entered into by Ntegeye Bernard and ECOBANK Rwanda Ltd after the Supreme Court judgment constituted a full and final settlement of all issues in the case, including those raised before the Ombudsman. As such, the application for revision on grounds of injustice was inadmissible.

Citation
RLR V.2-2017
Parties
Applicant: Ntegeye Bernard; Respondent: ECOBANK Rwanda Ltd; Respondent: Banki Nkuru y’u Rwanda
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
9 September 2016
Case Number
RS/REV/INJUST/COM0001/16/CS
Procedural Posture
Civil Revision / Supreme Court Application for Revision on Grounds of Injustice
Outcome
Application for revision not admitted (inadmissible).
Legal Topics
Settlement Agreements, Loan Agreements, Right of First Refusal, Damages, Costs, Revision of Judgments
Source Language
en, rw
Contract Law Banking Law Civil Procedure Settlement Agreements Loan Agreements Right of First Refusal Damages Costs +1 more

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Parties

Ntegeye Bernard

Applicant

ECOBANK Rwanda Ltd

Respondent

Banki Nkuru y’u Rwanda

Respondent

Procedural Posture

Civil Revision / Supreme Court Application for Revision on Grounds of Injustice

Legal Issues

  1. 1 Whether a settlement agreement (amasezerano yo kwikiranura) bars revision of a Supreme Court judgment on grounds of injustice
  2. 2 Whether damages and costs claimed by parties are justified

Ratio Decidendi

The court held that the settlement agreement entered into by Ntegeye Bernard and ECOBANK Rwanda Ltd after the Supreme Court judgment constituted a full and final settlement of all issues in the case, including those raised before the Ombudsman. As such, the application for revision on grounds of injustice was inadmissible.

Court Disposition

Application for revision not admitted (inadmissible).

Orders

  • Ntegeye Bernard to pay ECOBANK Rwanda Ltd 800,000 Frw for costs and attorney fees.
  • Ntegeye Bernard to pay Banki Nkuru y’u Rwanda 800,000 Frw for costs and attorney fees.