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Rwanda decisions
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The Supreme Court held that respondents could not unilaterally remove mortgaged property without the creditor’s written consent, but declined to order payment of an unspecified residual debt.
The court held that since the property was under security with the bank and the sale to Manishimwe was authorized and conducted lawfully, the encumbrance placed by Nsengiyumva must be removed as Gatete no longer had rights over the property. The property must be registered in Manishimwe's name as per the valid sale and applicable laws.
Source excerpt
The Court of Appeal lacks jurisdiction over a second appeal where the subject matter is not capable of being valued in monetary terms, as the dispute was about the authority to sell collateral (liquidator vs receiver), not the value of the collateral itself. Therefore, the appeal was not admissible.
Source excerpt
The Supreme Court struck DEMIMPEX’s commercial appeal from the record after it failed to appear without justification and ordered it to pay costs and attorney fees.
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