Rwanda Case Law

SOCOBICO INDUSTRIES S.A v ECOBANK ET AL.

Court

Supreme Court

Case number

RS/INJUST/RC 00008/2021/SC

SOCOBICO Industries S.A. failed to prove that any of its business assets are currently possessed by ROBA Industries Ltd or were transferred through the chain of transactions originating from the auction. The right of follow-up applies only if the assets can be specifically identified, which SOCOBICO did not do. Therefore, no order for return of assets can be made against ROBA Industries Ltd. However, to clarify the composition and value of business assets to be returned by Trust Industries Ltd as per the 2013 Supreme Court judgment, an accounting expert must be appointed to identify and value…

Source excerpt

• Loan agreements
• Business assets pledge
• Mortgage and collateral
• Auction and enforcement
• Resale right (droit de suite)
• Burden of proof

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NSENGIYUMVA v. BANK OF KIGALI (BK) PLC

Court

Supreme Court

Case number

RS/INJUST/RCOM 00005/2021/SC

The Supreme Court held that bank loan interests continue to accrue until the entire debt is repaid, but such accrual is limited by the in duplum rule, meaning interest cannot exceed the outstanding principal. The Court found that the applicant's claim for damages from the auction could not be set off against the loan as it was not part of the original subject matter. The Court adopted the expert's calculation of the outstanding principal and interest, ordering repayment accordingly.

Source excerpt

• Bank loan interest accrual
• In duplum rule
• Judgment review
• Loan agreement termination
• Mortgage auction
• Set-off

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Re BIZIMANA

Court

Supreme Court

Case number

RS/INJUST/RAD 00002/2021/SC

The Supreme Court approved a mediated settlement between Bizimana Jacques and the City of Kigali and held that the signed agreement must be enforced.

• Judgment review
• Settlement agreement
• Mediation
• Enforcement order
• Settlement-agreement
• Enforcement-order

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NSENGIYUMVA v. BANK OF KIGALI (BK) PLC

Court

Supreme Court

Case number

RS/INJUST/RCOM 00005/2021/SC

Bank loan interests continue to accrue after loan agreement termination and mortgage auction, provided the total interest does not exceed the outstanding principal (in duplum rule). New claims not raised in the original trial cannot be examined in judgment review. The applicant is liable for the outstanding principal and accrued interest, both capped at the principal amount determined by the expert. Damages for counsel and procedural fees are not awarded as both parties partially succeeded.

Source excerpt

• Bank loan interest accrual
• In duplum rule
• Loan agreement termination
• Judgment review
• Mortgage auction
• Set-off

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PROSECUTION v MAGARA ET AL.

Court

Supreme Court

Case number

RS/INJUST/RP 00001/2020/SC

The Supreme Court held that only parties who applied for review due to injustice may seek changes, unless indivisibility is shown; incidental applications were inadmissible.

• Judgment review
• Injustice
• Incidental applications
• Embezzlement
• Corruption
• False documents

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