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The Supreme Court held that the guarantor and borrower were jointly liable, but reduced the debt because interest and late fees could not keep accruing after cancellation of the loan.
SINFOTEC Sarl failed to prove force majeure for the 12-day delay; thus, OCIR-THE was justified in deducting the corresponding late fee. However, OCIR-THE was not entitled to set-off 11,543,000Frw owed to SINFOTEC Sarl against a debt of another company (EIS). SINFOTEC Sarl is entitled to late fees on this amount at 0.1% per day for 1,753 days, plus reasonable counsel and procedural fees. Damages based on article 258 of the Civil Code (tort) are not applicable to contractual performance issues. The High Court erred by not specifying the amounts awarded for counsel and procedural fees before ord…
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