Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
Rwanda decisions
Decisions matching the current search
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 of Appeal held that Ujenge Rwanda Ltd sold mortgaged apartments without lender consent, upheld nullity of unauthorized sales, and protected only buyers who purchased before mortgage registration.
The sale contract between Twagirayezu Thadée and Rushirabwoba Aimable was valid upon agreement on object and price, transferring ownership to the buyers even without delivery of title. Consequently, Rushirabwoba Aimable had no right to mortgage the property to BPR, rendering the mortgage contract invalid. The existence of conflicting final judgments on the same property justified review for injustice, and the applicants were entitled to registration of the property and counsel fees.
Source excerpt
The Supreme Court held that the loan and mortgage agreements, though entered into with an association lacking legal personality, are valid as the members acted on its behalf. The suretyship by Kayitesi is valid and enforceable, even though not signed before a notary, as it is binding between the parties. The mortgage on the immovable property is valid as Kayitesi, by signing the suretyship, accepted all obligations, including the mortgage. Amounts paid by guarantee funds (FGA, RIF) must be deducted from the outstanding debt. The modification of the repayment period did not discharge the suret…
Source excerpt
Explore more
