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Rwanda decisions
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The Court of Appeal held that the second appeal was inadmissible because the appellants had lost in both lower courts on the same grounds.
The Supreme Court review court found a joint surety breached its guarantee obligations and overturned the prior judgment, awarding damages for late fees.
The loan agreement between BPR Ltd and Ntampaka Janvier is void because Ntampaka was a minor and not properly emancipated at the time of contracting. However, the guarantee contract signed by Kayigaba Eric is valid and enforceable because the incapacity of the principal debtor does not affect the guarantor's obligation if the guarantor had capacity. No damages are awarded to the respondents as they did not demonstrate actual harm.
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The Supreme Court held that a guaranty over jointly owned marital property without spousal consent was invalid, leaving NGARAMBE solely liable for the loan.
Gaju Cynthia was not liable as surety for the 12,000,000 Frw loan because she was not expressly informed or consented to guarantee that specific debt, and the bank failed its obligation of information. Consequently, she did not provide a mortgage guarantee for that loan, and only Twagira Azzy is liable for repayment.
Source excerpt
The Supreme Court held that a succession administrator lacked authority to mortgage succession property without court authorization or heirs' consent, voiding the guarantee.
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