Rwanda Case Law

RWAGASANA v BANKI YA KIGALI (BK LTD)

Court

Supreme Court

Case number

RCOMAA 0056/15/SC-RCOMAA 00025/2017/SC-RCOM 0003/17/CS-RCOM 00004/2017/SC

Both Rwagasana and Mukakimenyi are jointly liable for the outstanding principal and interest to BK Ltd as all relevant contracts were signed by both; the 19.25% interest rate after contract termination is valid due to applicant's acquiescence and contract terms; expert and legal fees are awarded at the court's discretion, not at the excessive rates claimed; judicial fee clauses are not abusive if not excessive or unsubstantiated.

Source excerpt

• Loan agreements
• Performance guarantee
• Joint liability of spouses
• Interest rates
• Abusive clauses
• Expert fees

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MWIZA v. MUKANDAMAGE

Court

Commercial High Court

Case number

R COMA 0104/13/HCC

The Commercial High Court held that a spouse may challenge a one-party enforcement order affecting shared interests, and that community property includes shared debts.

• Community property
• Enforcement of judgments
• Joint liability of spouses
• Procedural objections
• Costs and damages
• Community-property

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