NTEGEYE v. ECOBANK RWANDA LTD ET AL_232770_en

NTEGEYE v. ECOBANK RWANDA LTD ET AL_232770_en

The transaction agreement signed between Ntegeye Bernard and ECOBANK Rwanda Ltd after the Supreme Court judgment settled all disputes, including those submitted to the Ombudsman, and thus precludes review due to injustice. As the claim was rejected, Ntegeye Bernard is not entitled to damages or counsel fees; ECOBANK Rwanda Ltd and National Bank of Rwanda are entitled to procedural and counsel fees.

Citation
RLR V.2-2017
Parties
Plaintiff: Ntegeye Bernard; Defendant: ECOBANK Rwanda Ltd; Defendant: National Bank of Rwanda
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
9 September 2016
Case Number
RS/REV/INJUST/COM0001/16/CS
Procedural Posture
Civil Review (supreme Court) / Final Judgment on Review Due to Injustice
Outcome
Claim for review due to injustice dismissed; objection by ECOBANK Rwanda Ltd upheld.
Legal Topics
Transaction Agreements, Loan Disputes, Pre Emption Rights, Damages, Procedural Expenses, Case Review Due to Injustice
Source Language
en, rw
Contract Law Banking Law Civil Procedure Transaction Agreements Loan Disputes Pre Emption Rights Damages Procedural Expenses +1 more

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Parties

Ntegeye Bernard

Plaintiff

ECOBANK Rwanda Ltd

Defendant

National Bank of Rwanda

Defendant

Procedural Posture

Civil Review (supreme Court) / Final Judgment on Review Due to Injustice

Legal Issues

  1. 1 Whether a transaction agreement prevents admissibility of a claim for case review due to injustice
  2. 2 Whether damages and counsel fees should be awarded to the parties

Ratio Decidendi

The transaction agreement signed between Ntegeye Bernard and ECOBANK Rwanda Ltd after the Supreme Court judgment settled all disputes, including those submitted to the Ombudsman, and thus precludes review due to injustice. As the claim was rejected, Ntegeye Bernard is not entitled to damages or counsel fees; ECOBANK Rwanda Ltd and National Bank of Rwanda are entitled to procedural and counsel fees.

Court Disposition

Claim for review due to injustice dismissed; objection by ECOBANK Rwanda Ltd upheld.

Orders

  • Ntegeye Bernard to pay ECOBANK Rwanda Ltd procedural and counsel fees of 800,000 Frw.
  • Ntegeye Bernard to pay National Bank of Rwanda procedural and counsel fees of 800,000 Frw.