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Rwanda decisions
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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.
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The Supreme Court held that Ecobank wrongly sold Kantarama Félicie’s collateral after the guaranteed debt had been repaid and ordered Ecobank to pay compensation.
The Court held that once Merez Petroleum Ltd fully repaid the debt secured by the mortgage, Addax Energy SA was legally obliged to return the mortgaged property, regardless of the late payment or prior foreclosure steps. The counterclaim by Addax Energy SA, based on a separate transport agreement, was inadmissible as it was unrelated to the main claim. Costs and attorney fees were awarded to Merez Petroleum Ltd, not Addax Energy SA.
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The High Court dismissed an appeal against cancellation of a land certificate, finding the respondent had standing and the land was fraudulently registered to defeat a security interest.
The Court of Appeal held that the land certificate for UPI 5/03/04/05/3684 was lawfully issued and could not be invalidated on witness testimony alone.
The High Commercial Court halted an auction, holding that joint matrimonial property could not be mortgaged by one spouse alone without consent under Rwandan law.
The Court of Appeal confirmed that the commercial appeal ended by settlement after the parties agreed on payment of 5,210,000 Frw, closing the dispute.
The Supreme Court nullified a 2015 mortgage auction for procedural and valuation irregularities, restored the parties to their pre-auction positions, and adjusted damages and costs.
The Supreme Court nullified a mortgage auction for procedural non-compliance, ordered restoration of pre-auction status, and granted limited fees and reimbursement.
The Supreme Court held that a mortgage auction based on an invalidated valuation was unlawful, nullified the sale and related contracts, and awarded damages.
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