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The Court of Appeal dismissed Ecobank and the receiver’s appeal, upholding annulment of an auction based on an outdated valuation and a changed publication notice.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.
The Court of Appeal held it lacked jurisdiction over the second appeal because the amount awarded below was 40,400,000 Frw, below the 75,000,000 Frw threshold.
The auction was void because the notice was not properly publicized as required by law, and the property was unlawfully awarded to Uwitonze Innocent without proper payment, violating statutory procedures. The applicant's claim for review on grounds of injustice was upheld, and the auction was annulled.
Source excerpt
The Supreme Court invalidated an auction sale because notice procedures were not properly proved and the creditor-bidder took the property without paying.
The Supreme Court nullified a 2015 mortgage auction for procedural and valuation irregularities, restored the parties to their pre-auction positions, and adjusted damages and costs.
The Supreme Court held that property acquired during cohabitation by unmarried partners must be divided equally on separation if both contributed.
The Supreme Court held that a claim for rectification and inclusion of omitted expropriated assets concerns execution, not annulment, and allowed the appeal.
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