VUNINGOMA N’UNDI v. BRD LTD N’UNDI

VUNINGOMA N’UNDI v. BRD LTD N’UNDI

The Court of Appeal lacks jurisdiction over the second appeal because the subject matter—determining whether the liquidator or receiver should sell the collateral—cannot be valued in monetary terms. Therefore, the appeal is inadmissible.

Source-derived case information.

Citation
RLR V.3-2022
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, Secured Transactions, Liquidation and Receivership, Costs and Attorney Fees
Commercial Law Banking Law Civil Procedure Jurisdiction of Appellate Courts Secured Transactions Liquidation and Receivership Costs and Attorney Fees

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Legal principles 2 Authorities cited 7 Party arguments 2 Amounts and remedies 5
Sign in to unlock

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 over the second appeal based on the value of the subject matter
  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 the second appeal because the subject matter—determining whether the liquidator or receiver should sell the collateral—cannot be valued in monetary terms. Therefore, the appeal is inadmissible.

Court Disposition

Appeal dismissed for lack of jurisdiction

Orders

  • The objection to jurisdiction raised by BRD is upheld.
  • The second appeal by Vuningoma Alexis and Murekatete Rose is not admitted.