Rwanda Case Law

VINTAGES WINES AND LIQUORS Ltd v. KARASIRA

Court

Court of Appeal

Case number

RCOMAA 00044/2023/CA

The Court of Appeal held that Nzamukosha Sylvie had a direct and personal interest to intervene but her claims were new and inadmissible at the appellate stage. The court found that the statutory suspension of creditor enforcement under insolvency law only applies if a liquidation order is made within six months; otherwise, creditors regain enforcement rights. Since no liquidation order was made within the statutory period, the auction was lawful. The appeal by Vintages Wines and Liquors Ltd lacked merit and was dismissed. Legal costs were awarded to the respondents.

Source excerpt

• Liquidation proceedings
• Foreclosure and auction of collateral
• Standing to intervene
• New claims on appeal
• Creditor rights during insolvency
• Award of legal costs

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NIYIGENA v ECOBANK RWANDA PLC ET. AL.

Court

Supreme Court

Case number

RS/INJUST/RCOM 00005/2023/SC

The Supreme Court held that Ecobank wrongly sold Kantarama Félicie’s collateral after the guaranteed debt had been repaid and ordered Ecobank to pay compensation.

• Suretyship
• Mortgage
• Provision of security
• Collateral
• Damages
• Banking-law

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NIYIGENA v. ECOBANK RWANDA PLC N’UNDI

Court

Supreme Court

Case number

RS/INJUST/RCOM 00005/2023/SC

The Supreme Court held that a mortgage securing one identified debt could not be extended to later loans without clear contractual identification and registration.

• Guarantee agreements
• Mortgage law
• Enforcement of security
• Bank liability
• Compensation for wrongful sale of collateral
• Mortgage-law

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UBUSHINJACYAHA v. MANIRAGENA

Court

Court of Appeal

Case number

RPAA 00454/2023/CA

Although the appeal lacked merit and the admission of guilt at the appeal stage alone is not a sufficient mitigating factor, the court found that the defendant committed the offense shortly after reaching adulthood and had no prior criminal record. These circumstances justified reducing the sentence to 15 years' imprisonment to reflect the gravity of the offense and the offender's personal situation.

Source excerpt

• Defilement
• Sentencing
• Mitigating circumstances
• Appeal procedure

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UBUSHINJACYAHA v NYANDWI

Court

Court of Appeal

Case number

RPAA 00477/2023/CA

The Court of Appeal held that a defendant held in custody during Covid-19 could appeal from the date he was informed in prison, so the appeal was timely.

• Appeal deadlines
• Covid-19 impact on procedure
• Admissibility of appeal
• Sexual offences against minors
• Appeal-deadlines
• Admissibility-of-appeal

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PROSECUTION v NYANDWI

Court

Court of Appeal

Case number

RPAA 00477/2023/CA

The Court of Appeal held that a detainee’s appeal time runs from notification at the correctional facility, quashed the High Court’s dismissal, and sent the case back for merits hearing.

• Child defilement
• Appeal time limits
• Covid-19 pandemic impact
• Procedural admissibility
• Criminal-procedure
• Appeal-time-limits

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CONGRÉGATION DES SOEURS DES AMIES DES PAUVRES vs ASSOCIATION UMWANA NK’ABANDI

Court

Court of Appeal

Case number

RCAA 00004/2023CA

The Court of Appeal held that donor intent controlled ownership of disputed donated land, and reversed lower courts that relied only on sale-document wording.

• Ownership dispute
• Evidence assessment
• Charitable donations
• Land registration
• Land-ownership-dispute
• Evidence-law

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HORIZON SOPYRWA LTD v Dr. KARIBUSHI

Court

Court of Appeal

Case number

RCAA 00012/2023/CA

The Court of Appeal held that the parties’ 03/05/2024 amicable settlement ended the appeal and ordered the agreement’s terms to be implemented.

• Land registration
• Removal of caveat
• Amicable settlement
• Compensation for damages
• Amicable-settlement
• Appeal-termination

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MURWANASHYAKA v BAMU TRADE COMPANY Ltd

Court

Supreme Court

Case number

RS/INJUST/RCOM 00013/2022/SC

The Supreme Court held that the loan agreement provided for a lump-sum late payment interest of 300,000 Frw, not a monthly interest, and that further interest should be calculated at the statutory average lending rate from the date of default to the date of judgment. There was no evidence of shareholder fraud or misuse of company assets, so shareholders could not be held jointly liable. Damages and legal costs were only partially awarded based on the outcome.

Source excerpt

• Loan agreements
• Interest calculation
• Corporate veil
• Shareholder liability
• Damages
• Procedural review

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CONGRÉGATION DES SOEURS DES AMIES DES PAUVRES vs ASSOCIATION UMWANA NK’ABANDI (ADD)

Court

Court of Appeal

Case number

RCAA 00004/2023CA

The Court of Appeal held that although the applicant lost in both lower courts, the defeats were not based on the same grounds because the High Court considered a new issue (the contradiction between two pieces of evidence from Jumelage Rhénanie-Palatinat) that was not addressed at first instance. Therefore, the jurisdictional objection was dismissed.

Source excerpt

• Jurisdiction of appellate courts
• Res judicata
• Land ownership
• Burden of proof

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