VUNINGOMA N’UNDI v. BRD LTD N’UNDI

VUNINGOMA N’UNDI v. BRD LTD N’UNDI

The Court of Appeal lacks jurisdiction over a second appeal where the subject matter is not capable of being valued in monetary terms, as the dispute was about the authority to sell collateral (liquidator vs receiver), not the value of the collateral itself. Therefore, the appeal was not admissible.

Source-derived case information.

Citation
RLR V3 2022
Parties
Appellant: Vuningoma Alexis; Appellant: Murekatete Rose; Respondent: Development Bank of Rwanda (BRD) Ltd
Court
Court of Appeal
Jurisdiction
Rwanda
Judgment Date
9 April 2021
Case Number
RCOMAA 00088/2020/CA
Procedural Posture
Commercial Appeal / Second Appeal (court of Appeal)
Outcome
appeal dismissed for lack of jurisdiction
Legal Topics
Jurisdiction of Appellate Courts, Enforcement of Security Interests, Liquidation Vs Receivership, Costs and Attorney Fees
Commercial Law Banking Law Insolvency Law Jurisdiction of Appellate Courts Enforcement of Security Interests Liquidation Vs Receivership Costs and Attorney Fees

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Parties

Vuningoma Alexis

Appellant

Murekatete Rose

Appellant

Development Bank of Rwanda (BRD) Ltd

Respondent

Procedural Posture

Commercial Appeal / Second Appeal (court of Appeal)

  1. 1 Whether the Court of Appeal has jurisdiction to hear a second appeal where the subject matter cannot be valued in monetary terms
  2. 2 Whether the property given as collateral should be sold by the liquidator or the receiver
  3. 3 Entitlement to costs and attorney fees

Ratio Decidendi

The Court of Appeal lacks jurisdiction over a second appeal where the subject matter is not capable of being valued in monetary terms, as the dispute was about the authority to sell collateral (liquidator vs receiver), not the value of the collateral itself. Therefore, the appeal was not admissible.

Court Disposition

appeal dismissed for lack of jurisdiction

Orders

  • The second appeal by Vuningoma Alexis and Murekatete Rose is not admitted for lack of jurisdiction.
  • Vuningoma Alexis and Murekatete Rose are jointly ordered to pay BRD 700,000 Frw for attorney fees and costs at this level.