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The Court of Appeal dismissed Kenny Business Group Ltd’s appeal for non-appearance after repeated adjournments, finding no continued interest in pursuing the case.
Both Mabuye Joséph and Musekera Emmanuel, having signed as joint sureties for the COIMEX Ltd loan, are jointly and equally liable for the outstanding debt of 65,296,272 Frw to GT Bank Rwanda Plc, including interest calculated up to the legal maximum. The release of collateral or partial payment by one surety does not extinguish joint liability until the entire debt is repaid. Claims for reimbursement of alleged overpayments and damages by the sureties lack merit as the outstanding debt remains. GT Bank Rwanda Plc is entitled to attorney fees as the prevailing party.
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The Supreme Court found that the MoU of 30/09/2010 was submitted after the closure of the hearing and was relied upon in the Commercial High Court's decision without reopening the hearing for debate, violating the principle of contradiction. This constitutes a ground for second appeal under the cited Organic Law provision, thus the Supreme Court has jurisdiction.
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