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There is no contradiction between the judgments because the parties and subject matter are not identical, and the judgments can be executed concurrently. The applicants' claim lacks merit, and they are liable for costs to the respondents for unnecessary litigation.
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Digest of Court of Appeal precedents from March 2024 on criminal procedure, sentencing, evidence, appeals, and selected civil and commercial rules.
The Court of Appeal held that late appeal explanations did not automatically nullify the appeal, but Mudenge’s second appeal was inadmissible on the merits.
The Court of Appeal held that registered collateral did not prevent the bank from suing for debt recovery and attaching debtor assets. The appeal was allowed.
Since DJUMAPILI John was expressly included as a surety in the Supreme Court's final judgment, any disputes arising from the execution of that judgment, including those raised by him, must be resolved by the Supreme Court itself under Article 208 of Law No 21/2012.
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The Supreme Court held that Kayiranga had not proved alleged repayments, upheld liability for the outstanding loan, and awarded contractual interest and penalties.
The Supreme Court held that the sale of plot No. 400 to Twagirayezu and Mukantabana was complete and effective upon agreement on the subject matter and price, regardless of the lack of formal transfer documents at the time. Therefore, Rushirabwoba had no right to mortgage the property to BPR, and the mortgage was invalid. BPR was ordered to release the title documents and register the property in the applicants' names. Damages were awarded for legal costs only.
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