NTEGEYE v ECOBANK RWANDA LTD

NTEGEYE v ECOBANK RWANDA LTD

A judgment rendered on review due to injustice is final and not subject to further review or appeal, regardless of whether the application was admitted or not. The legislative intent is to ensure finality and prevent endless litigation. The application by Ntegeye Bernard for review of the judgment RS/RV/INJUST/COM 0001/16/CS is inadmissible under the applicable laws.

Citation
RLR V.4-2021
Parties
Applicant: Ntegeye Bernard; Respondent: Ecobank Rwanda Ltd; Intervener: National Bank of Rwanda
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
24 January 2020
Case Number
RCOMAA 00001/2019/SC
Procedural Posture
Civil Review (review Due to Injustice) / Supreme Court Final Determination on Admissibility of Review Application
Outcome
Application for review is inadmissible; prior judgment sustained; partial costs awarded.
Legal Topics
Review Due to Injustice, Finality of Judgments, Loan Agreements, Amicable Settlement, Preemption Rights
Source Language
en, rw
Civil Procedure Banking Law Review Due to Injustice Finality of Judgments Loan Agreements Amicable Settlement Preemption Rights

Case Brief

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Parties

Ntegeye Bernard

Applicant

Ecobank Rwanda Ltd

Respondent

National Bank of Rwanda

Intervener

Procedural Posture

Civil Review (review Due to Injustice) / Supreme Court Final Determination on Admissibility of Review Application

Legal Issues

  1. 1 Whether a judgment rendered on review due to injustice can itself be reviewed
  2. 2 Interpretation of Article 83 of Organic Law No 03/2012/OL and Article 53 of Law No 30/2018 regarding finality of review judgments
  3. 3 Entitlement to damages for unnecessary lawsuits

Ratio Decidendi

A judgment rendered on review due to injustice is final and not subject to further review or appeal, regardless of whether the application was admitted or not. The legislative intent is to ensure finality and prevent endless litigation. The application by Ntegeye Bernard for review of the judgment RS/RV/INJUST/COM 0001/16/CS is inadmissible under the applicable laws.

Court Disposition

Application for review is inadmissible; prior judgment sustained; partial costs awarded.

Orders

  • Declares inadmissible the application submitted by Ntegeye Bernard because it was not lodged in accordance with the law.
  • Holds that the judgment RS/RV/INJUST/COM 0001/16/CS rendered by the Supreme Court on 09/09/2016 is sustained.