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Rwanda decisions
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The Court of Appeal upheld title documents issued after a lawful auction, finding no competent authority had invalidated the sale. BPR Bank’s appeal was dismissed.
The Court of Appeal held that a settlement agreement signed on 14 November 2025 resolved the mortgage dispute and ended the appeal.
Kinyogote Cyrille knowingly issued dishonoured cheques to Sekamana Gaspard, which is criminal under Article 373(10) of Organic Law No 01/2012/OL. The cheques cannot be considered as guarantee instruments. Damages are recoverable by Sekamana Gaspard as the criminal offence is established.
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The Court of Appeal dismissed Bank of Kigali Plc’s appeal, holding the bank failed to prove an outstanding debt and upheld the finding that the loan had been repaid.
The court found that Bank of Kigali Plc failed to provide indisputable evidence that Nkundimana Fidèle and Nyirarugero Dancille owed any outstanding debt under the 2013 loan agreement. The bank's own correspondence and the sequence of payments following the sale of collateral demonstrated that the debt had been fully repaid. The burden of proof was not met by the appellant, and thus the appeal was dismissed.
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SIMACO Ltd lost in both lower courts on the same legal grounds regarding the return of mortgaged properties and denial of damages; thus, its second appeal is not within the jurisdiction of the Court of Appeal. Only four properties not auctioned are to be returned, and costs and advocate fees are awarded to the respondent.
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Both Mabuye Joséph and Musekera Emmanuel, having signed as joint sureties for the COIMEX Ltd loan, are jointly and equally liable for the outstanding debt of 65,296,272 Frw to GT Bank Rwanda Plc, including interest calculated up to the legal maximum. The release of collateral or partial payment by one surety does not extinguish joint liability until the entire debt is repaid. Claims for reimbursement of alleged overpayments and damages by the sureties lack merit as the outstanding debt remains. GT Bank Rwanda Plc is entitled to attorney fees as the prevailing party.
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The Court of Appeal held that second-appeal jurisdiction depends on damages actually awarded below, not the amount claimed by the appellant.
The Court of Appeal held that mortgage-auction notices were governed by special instructions, not general procedure, and upheld the auction on POSADA PLUS Ltd’s property.
Rwanda Supreme Court held that issuing cheques does not by itself discharge a debt unless they are honored and sufficiently funded.
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