VUNINGOMA ET AL. v RWANDA DEVOLPMENT BANK LTD (BRD) ET AL.

VUNINGOMA ET AL. v RWANDA DEVOLPMENT BANK LTD (BRD) ET AL.

The Court of Appeal lacks jurisdiction when the subject matter cannot be valued in monetary terms, as the dispute was about who should sell the mortgage, not its value. The appeal is inadmissible for lack of jurisdiction. BRD is entitled to counsel and procedural fees.

Citation
RLR V.3-2022
Parties
Appellant: Vuningoma Alexis; Appellant: Murekatete Rose; Respondent: Rwanda Development Bank Ltd (BRD)
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
9 April 2021
Case Number
RCOMAA 00088/2020/CA
Procedural Posture
Civil Appeal / Court of Appeal – Second Appeal
Outcome
Appeal inadmissible for lack of jurisdiction; objection sustained; incidental appeal by BRD founded.
Legal Topics
Jurisdiction, Mortgage Enforcement, Insolvency, Liquidation, Court Fees
Source Language
en
Civil Procedure Commercial Law Jurisdiction Mortgage Enforcement Insolvency Liquidation Court Fees

Case Brief

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Parties

Vuningoma Alexis

Appellant

Murekatete Rose

Appellant

Rwanda Development Bank Ltd (BRD)

Respondent

Procedural Posture

Civil Appeal / Court of Appeal – Second Appeal

Legal Issues

  1. 1 Whether the Court of Appeal has jurisdiction when the subject matter cannot be valued in monetary terms
  2. 2 Whether the property mortgaged to an insolvent company should be sold by a liquidator or a receiver
  3. 3 Whether counsel and procedural fees should be awarded

Ratio Decidendi

The Court of Appeal lacks jurisdiction when the subject matter cannot be valued in monetary terms, as the dispute was about who should sell the mortgage, not its value. The appeal is inadmissible for lack of jurisdiction. BRD is entitled to counsel and procedural fees.

Court Disposition

Appeal inadmissible for lack of jurisdiction; objection sustained; incidental appeal by BRD founded.

Orders

  • Objection relating to lack of jurisdiction sustained.
  • Appeal of Vuningoma Alexis and Murekatete Rose declared inadmissible.