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Rwanda decisions
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The High Court dismissed COOPILAK’s review for injustice, upholding the auction sale and rejecting claims of procedural defect, undervaluation, and mortgage invalidity.
The Supreme Court held that failure to re-register a security interest did not invalidate it between the parties while the debt remained unpaid, and upheld the bank’s auction.
The Supreme Court found that valid mortgage agreements existed between Nyagatare Théogène and Banki ya Kigali Ltd, but these were annulled because they were made without the required consent of the spouse and family members, in violation of applicable laws. The lack of registration did not affect validity between the parties but did affect enforceability against third parties. Compensation was awarded to the applicants for litigation costs.
Source excerpt
The Supreme Court held that an unregistered mortgage can still bind the parties, but the mortgage clauses were invalid for lack of spousal consent.
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.
Source excerpt
The Commercial High Court upheld the loan interest rate, confirmed procedural damages, rejected moral damages, and awarded advocate fees on appeal.
The Commercial High Court upheld removal of a matrimonial home from mortgage after finding the bank failed to verify spousal consent and the loan was based on forged documents.
The Supreme Court upheld the auction of a mortgaged house, joined related appeals, and awarded damages and fees to Dr Mucumbitsi Joseph against Ngarambe Emmanuel.
The Supreme Court joined two related appeals over a mortgaged house, upheld the auction, found the High Court ruled ultra petita, and awarded damages to the purchaser.
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