Rwanda Case Law

VINTAGES WINES AND LIQUORS Ltd v. KARASIRA

Court

Court of Appeal

Case number

RCOMAA 00044/2023/CA

The Court of Appeal held that Nzamukosha Sylvie had a direct and personal interest to intervene but her claims were new and inadmissible at the appellate stage. The court found that the statutory suspension of creditor enforcement under insolvency law only applies if a liquidation order is made within six months; otherwise, creditors regain enforcement rights. Since no liquidation order was made within the statutory period, the auction was lawful. The appeal by Vintages Wines and Liquors Ltd lacked merit and was dismissed. Legal costs were awarded to the respondents.

Source excerpt

• Liquidation proceedings
• Foreclosure and auction of collateral
• Standing to intervene
• New claims on appeal
• Creditor rights during insolvency
• Award of legal costs

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ELEGANCIA HOTEL Ltd vs. DEVELOPMENT BANK OF RWANDA Plc (BRD Plc) N’UNDI

Court

Court of Appeal

Case number

RCOMAA00045/2021/CA

The Court of Appeal accepted Elegancia Hotel Ltd’s withdrawal of its appeal after all parties consented in writing, and ordered costs to follow the proceedings.

• Withdrawal of suit
• Business insolvency
• Liquidation proceedings
• Withdrawal-of-suit
• Commercial-procedure
• Insolvency-proceedings

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DEVELOPMENT BANK OF RWANDA LTD (BRD Ltd) v. SPLENDID KALISIMBI Ltd

Court

Court of Appeal

Case number

RCOMAA 00058/2018/CA

Once insolvency proceedings are initiated and confirmed by court, no asset of the insolvent company—including those given as collateral—may be separated and sold before the distribution plan for creditors is approved, regardless of the existence of security interests. The appeal by BRD Ltd lacks merit as the law mandates collective satisfaction of creditors' claims through the liquidation process.

Source excerpt

• Corporate insolvency
• Secured transactions
• Liquidation proceedings
• Creditor rights

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RWANDATEL EN LIQUIDATION v. LAP GREEN

Court

Supreme Court

Case number

RCOMAA 0005/14/CS

The Supreme Court held the second appeal inadmissible despite the high value of the claim, and upheld the lower court judgment.

• Arbitration agreements
• Jurisdiction of supreme court
• Liquidation proceedings
• Appeal admissibility
• Arbitration-agreements
• Supreme-court-jurisdiction

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