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Rwanda decisions
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There is no contradiction between the judgments because the parties and subject matter are not identical, and the judgments can be executed concurrently. The applicants' claim lacks merit, and they are liable for costs to the respondents for unnecessary litigation.
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The Supreme Court held that a mortgage securing one identified debt could not be extended to later loans without clear contractual identification and registration.
The Court of Appeal held that Bank of Kigali Plc’s appeal was inadmissible because it lost on the same grounds in both lower courts, and the lower orders stood.
The Supreme Court held that Kyamazima's claim was not administrative, as the auction was not conducted by an administrator nor based on an administrative decision. The matter arose from a commercial loan contract, thus falling under Commercial Court jurisdiction. The official document authorizing the auction had already been upheld as lawful in a final judgment, precluding its reconsideration. Damages for vexatious litigation were denied as the right to appeal is fundamental, but counsel fees were awarded at the court's discretion.
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