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Rwanda decisions
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The Court of Appeal dismissed an appeal against refusal to admit intervention, holding that intervention is unavailable unless the underlying case was decided on the merits and is no longer appealable.
Kabanda purchased the plot before Koperative GOBOKA mortgaged it to BRD. The High Court erred in holding the plot should remain registered to GOBOKA as collateral for BRD. The intervention by BRD was improperly granted as the mortgage was created after the sale. The appeal is allowed in all respects, restoring the prior judgment in Kabanda's favor.
Source excerpt
The Court of Appeal dismissed a commercial appeal over a mortgaged house auction, held the intervener had no admissible new claim, and upheld cost orders.
The High Court held that a cohabitant not formally married could intervene in the prior proceedings and that Musabyemariya Vestine proved ownership of the disputed land.
The Court of Appeal partly allowed NFCS Ltd’s appeal, reclassified a 30,000,000 Frw cheque as part-payment of a 48,000,000 Frw debt, and excluded an unrelated 8,500,000 Frw cheque.
The Commercial High Court held that intervention is not allowed in summary proceedings. Sibomana Andre’s claim was therefore inadmissible.
The Supreme Court dismissed BPR Atlas Mara Plc’s revision-for-injustice application, upheld the Court of Appeal decision, and awarded costs to Nkusi Evariste.
The Supreme Court held that Nyiramahingura Gratia’s intervention was inadmissible because she did not show a distinct interest from a prior party in the family property dispute.
The Commercial High Court held that Ndayambaje lacked legal interest to intervene in an already executed dispute and ordered him to pay reduced costs.
The Supreme Court held that Kantengwa Epiphanie’s intervention was inadmissible because she lacked standing, a direct legal interest, and a sufficient link to the main claim.
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