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Rwanda decisions
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The Supreme Court dismissed a review application challenging an arbitral award, holding that claim amendments and additional evidence were permitted and that no procedural violation justified annulment.
The Court of Appeal held that Nzamukosha Sylvie had a direct and personal interest to intervene but her claims were new and inadmissible at the appellate stage. The court found that the statutory suspension of creditor enforcement under insolvency law only applies if a liquidation order is made within six months; otherwise, creditors regain enforcement rights. Since no liquidation order was made within the statutory period, the auction was lawful. The appeal by Vintages Wines and Liquors Ltd lacked merit and was dismissed. Legal costs were awarded to the respondents.
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The Court found that both lower courts dismissed CSC & EC PROPRIETARY's claims on the same grounds, namely that NEC Ltd fulfilled its contractual obligations and that the Joint Venture was not liable as it was not a party to the contract. Therefore, under Article 52 of Law No. 30/2018, the second appeal was inadmissible. The Court also awarded legal costs and attorney fees to NEC Ltd.
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Gaju Cynthia was not liable as surety for the 12,000,000 Frw loan because she was not expressly informed or consented to guarantee that specific debt, and the bank failed its obligation of information. Consequently, she did not provide a mortgage guarantee for that loan, and only Twagira Azzy is liable for repayment.
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