Rwanda Case Law

SOCOBICO INDUSTRIES S.A vs. ECOBANK N’ABANDI

Court

Supreme Court

Case number

RS/INJUST/RC 00008/2021/SC

SOCOBICO Industries S.A failed to provide sufficient evidence to identify and prove the existence of its fonds de commerce in the hands of ROBA Industries Ltd or through the chain of transfers from Trust Industries Ltd and Catch Up Investment Ltd. Therefore, no restitution can be ordered against ROBA Industries Ltd. However, to clarify the composition and value of the fonds de commerce that Trust Industries Ltd was previously ordered to return, an expert accountant must be appointed to determine the assets as of the auction date.

Source excerpt

• Fonds de commerce
• Security interests
• Right of follow-up (droit de suite)
• Enforcement of judgments
• Auction procedures
• Bank loans and guarantees

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UBURIYEMUYE v. HOME BASKET SACCO KIMIRONKO

Court

Supreme Court

Case number

RS/INJUST/RCOM 00006/2020/SC

The Supreme Court found that the Court of Appeal exceeded its mandate by ruling on the merits of the case without hearing arguments beyond the preliminary objections, violating Article 11 of Law No. 22/2018. The judgment of the Court of Appeal is set aside, and the case is remitted for substantive hearing on the applicant's grounds of appeal.

Source excerpt

• Review of judgments
• Loan agreements
• Judicial powers
• Execution of judgments
• Auction procedures

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Bucyensenge v IMBANK kinya

Court

Commercial High Court

Case number

RCOMA 0464/14/HCC

The Commercial High Court held that Bucyensenge’s appeal was timely, but the challenged auction-date decision was administrative and not subject to appeal.

• Appeal deadlines
• Administrative judicial decisions
• Auction procedures
• Challenge to administrative decisions
• Appeal-deadlines
• Auction-procedure

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