FINA BANK v. KAYIRANGWA

FINA BANK v. KAYIRANGWA

KAYIRANGWA Colette's application for opposition was filed after the 15-day period from the date she became aware of the judgment's execution via public notice. The evidence showed she had knowledge by 04/09/2011 but filed opposition on 02/10/2011. Therefore, her application was out of time and inadmissible.

Citation
RCOMA 0067/12/SC
Parties
Appellant/respondent: FINA BANK (now Guaranty Trust Bank Ltd); Respondent/appellant: KAYIRANGWA Colette; Interveners: Children of KAYIRANGWA Colette; Defendant (commercial High Court): NKURUNZIZA Daniel
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
11 April 2014
Case Number
RCOMA 0067/12/SC
Procedural Posture
Commercial Appeal / Supreme Court Judgment
Outcome
Appeal dismissed; cross-appeal allowed.
Legal Topics
Opposition to Judgment, Notification of Judgment, Time Limits for Opposition, Default Judgment, Appeal Procedure
Source Language
en, rw
Civil Procedure Commercial Law Opposition to Judgment Notification of Judgment Time Limits for Opposition Default Judgment Appeal Procedure

Case Brief

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Parties

FINA BANK (now Guaranty Trust Bank Ltd)

Appellant/respondent

KAYIRANGWA Colette

Respondent/appellant

Children of KAYIRANGWA Colette

Interveners

NKURUNZIZA Daniel

Defendant (commercial High Court)

Procedural Posture

Commercial Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether KAYIRANGWA Colette's application for opposition of the judgment was lodged within the legal period under article 158 of Law no 18/2004
  2. 2 Whether the date of purchasing a copy of the judgment constitutes notification for purposes of opposition period
  3. 3 Entitlement to advocate's fees on appeal

Ratio Decidendi

KAYIRANGWA Colette's application for opposition was filed after the 15-day period from the date she became aware of the judgment's execution via public notice. The evidence showed she had knowledge by 04/09/2011 but filed opposition on 02/10/2011. Therefore, her application was out of time and inadmissible.

Court Disposition

Appeal dismissed; cross-appeal allowed.

Orders

  • KAYIRANGWA Colette's appeal is dismissed as baseless.
  • Cross-appeal by Guaranty Trust Bank Ltd is allowed.