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Rwanda decisions
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The Supreme Court held that a mortgage securing one identified debt could not be extended to later loans without clear contractual identification and registration.
COGEBANQUE PLC failed in its duty of professional diligence by paying a cheque after being notified it was lost, making it liable for the resulting loss and litigation costs. The appeal lacked merit and the bank must compensate both SELECT KALAOS Ltd and SHADES N COLORS for costs and legal fees.
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The Supreme Court held Bank of Kigali liable for an unauthorized USD 11,500 withdrawal, awarded interest equal to the principal, and rejected the 310,000 Frw claim.
The court held that the auction purchaser acquired full ownership rights and that the bank was liable for failing to deliver the title deed, so the appeal failed.
The Supreme Court of Rwanda allowed Access Bank Rwanda Ltd’s review application, found factual confusion in the earlier ruling, and reversed liability for the USD 76,835 transfer.
The Supreme Court of Rwanda admitted Access Bank’s review application, found confusion of facts in the prior judgment, and held the bank had fulfilled the transfer mandate.
The bank is solely liable for the unauthorized withdrawal and transfer of 30,000USD from Sebahizi’s account because it failed to call him as required by its internal rules and contract, causing economic and moral loss. The cross appeal by the bank lacks merit.
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The Supreme Court found that Equity Bank Rwanda Ltd was solely liable for the unauthorized withdrawal and transfer of $30,000 from Sebahizi's account because the bank failed to follow its own operational procedures, which required it to call and confirm with the customer before executing such a transaction. The Court rejected the bank's argument that the customer bore partial responsibility, finding no evidence of contributory negligence. The Court ordered the bank to reimburse the full amount, pay interest at the prevailing bank rate, compensate for moral damages, reimburse legal costs, and…
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The court held that the bank unlawfully withdrew funds from a customer’s account after the loan was fully repaid and ordered repayment plus attorney fees.
The Supreme Court held that Oracle Entreprises Ltd had lost on the same grounds in the lower courts, so its second appeal was outside the Court’s jurisdiction.
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