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Rwanda decisions
Decisions matching the current search
The Court of Appeal upheld title documents issued after a lawful auction, finding no competent authority had invalidated the sale. BPR Bank’s appeal was dismissed.
The Court of Appeal held that a dispute over registering collateral property turned on ownership, not a commercial claim, and upheld dismissal of ECobank's appeal.
SIMACO Ltd lost in both lower courts on the same legal grounds regarding the return of mortgaged properties and denial of damages; thus, its second appeal is not within the jurisdiction of the Court of Appeal. Only four properties not auctioned are to be returned, and costs and advocate fees are awarded to the respondent.
Source excerpt
The Court of Appeal held that SIMACO Ltd’s second appeal was inadmissible because it had lost in both lower courts on the same procedural ground.
The Supreme Court partly allowed review, ordering deregistration and re-registration of the disputed property to enable mortgage registration, but refused an order for any undetermined loan balance.
The Court of Appeal held that mortgage-auction notices were governed by special instructions, not general procedure, and upheld the auction on POSADA PLUS Ltd’s property.
The Supreme Court held that the immovable property was validly mortgaged and registered, rejected the review for injustice, upheld prior judgments, and awarded costs to Urwego Finance.
The Court of Appeal upheld cancellation of a mortgage auction because the valuation was outdated and the auction was advertised in a different newspaper than the terms required.
The Court of Appeal dismissed Ecobank and the receiver’s appeal, upholding annulment of an auction based on an outdated valuation and a changed publication notice.
The Commercial High Court allowed the appeal, held the auction unlawful because the valuation was not contemporaneous and the notice was published contrary to instructions, and set the auction aside.
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