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Rwanda decisions
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The Supreme Court held that failure to re-register a security interest did not invalidate it between the parties while the debt remained unpaid, and upheld the bank’s auction.
The Supreme Court found that valid mortgage agreements existed between Nyagatare Théogène and Banki ya Kigali Ltd, but these were annulled because they were made without the required consent of the spouse and family members, in violation of applicable laws. The lack of registration did not affect validity between the parties but did affect enforceability against third parties. Compensation was awarded to the applicants for litigation costs.
Source excerpt
The Supreme Court upheld the auction of a mortgaged house, joined related appeals, and awarded damages and fees to Dr Mucumbitsi Joseph against Ngarambe Emmanuel.
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