The Supreme Court struck off DEMIMPEX’s appeal after it failed to appear without justification, and ordered DEMIMPEX to pay procedural and advocate’s fees to respondents.
The Supreme Court held that Kayirangwa’s opposition to a default judgment was filed out of time under article 158, and dismissed her appeal while allowing the bank’s cross-appeal.
The Supreme Court held that Kayirangwa’s opposition to a default commercial judgment was filed out of time, because she had already learned of the judgment before filing.
FERWAFA, though lacking legal personality at the time of the initial claim, was entitled to seek review of the judgment as a party to the original proceedings. The absence at trial was not justified by exceptional circumstances, as the failure to deliver the summons was due to employee negligence, not force majeure. However, the penalty for delaying proceedings was not warranted because the scheduling conflict of FERWAFA's advocate was not intentional delay attributable to FERWAFA.
The Supreme Court dismissed an appeal over a bank loan, holding that the case could proceed in the appellant’s absence and that the debt and interest were proved.