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Rwanda decisions
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The appeal was filed after the three-day statutory period for urgent auction matters, as required by Article 188 of Law No 22/2018 and established case law. The appeal was therefore inadmissible, and no further substantive issues were considered.
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The Supreme Court held that a mortgage securing one identified debt could not be extended to later loans without clear contractual identification and registration.
The Supreme Court upheld a loan debt against Kigali Ceramica, rejected claims that the 2016 revision was void for BNR non-compliance, and reduced the payable amount.
The Court of Appeal held that a challenge to an auction must follow urgent-proceeding deadlines. CAYRIER’s second appeal was filed late and was not admitted.
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.
The Supreme Court held that a registered mortgage remained valid between the parties while the debt was unpaid, even though registration was not renewed.
The Supreme Court held that the bank was required to first comply with clause 9 of the contract by seeking recovery through the sale of the collateral before resorting to court action under clause 15. The bank's direct recourse to court without exhausting the contractual remedy was a breach of contract, entitling the applicant to damages and legal costs.
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The Supreme Court of Rwanda rejected BPR Ltd’s jurisdictional objection, finding the lower courts had not ruled on the same grounds and that the appeal could proceed.
The Supreme Court held that the loan contract had been extended by conduct, so interest continued to accrue, and the lender could sue despite collateral-sale terms.
The Supreme Court of Rwanda held that a borrower who had not repaid a loan by maturity remained liable for contractual interest until full payment.
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