Rwanda Case Law

SOCOBICO INDUSTRIES S.A vs. ECOBANK N’ABANDI

Court

Supreme Court

Case number

RS/INJUST/RC 00008/2021/SC

SOCOBICO Industries S.A failed to provide sufficient evidence to identify and prove the existence of its fonds de commerce in the hands of ROBA Industries Ltd or through the chain of transfers from Trust Industries Ltd and Catch Up Investment Ltd. Therefore, no restitution can be ordered against ROBA Industries Ltd. However, to clarify the composition and value of the fonds de commerce that Trust Industries Ltd was previously ordered to return, an expert accountant must be appointed to determine the assets as of the auction date.

Source excerpt

• Fonds de commerce
• Security interests
• Right of follow-up (droit de suite)
• Enforcement of judgments
• Auction procedures
• Bank loans and guarantees

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BANK OF KIGALI PLC v. GATE HILLS ESTATE LTD N’ UNDI

Court

Court of Appeal

Case number

RCOMAA 00087/2022/CA

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.

• Loan agreements
• Breach of contract
• Security interests
• Appeals procedure
• Damages
• Mortgage law

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COOPÉRATIVE DE DÉVELOPPEMENT DES ANCIENS CHAUFFEURS DE L’ETAT (CODACE) v NTAGANDA ABDALAHAMANI

Court

Court of Appeal

Case number

RS/INJUST/RCOM 00006/2021/CA

The Court of Appeal held that assignment of the debt did not transfer ownership of the vehicle, and affirmed the retrial decision ordering CODACE to return it.

• Assignment of debt
• Security interests
• Lease-purchase agreements
• Remedies for breach of contract
• Retrial for miscarriage of justice
• Assignment-of-debt

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MUSABYIMANA Spéciose v BANK OF KIGALI Ltd

Court

Court of Appeal

Case number

RCOMA 00008/2021/CA

The Court of Appeal held that collateral and repayment are separate obligations, so MUSABYIMANA Spéciose remained liable for the unpaid loan balance after auction of the security.

• Loan agreements
• Security interests
• Auction of collateral
• Procedural fairness
• Damages
• Interest on debt

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MUSABYIMANA Spéciose v. BANK OF KIGALI Ltd

Court

Court of Appeal

Case number

RCOMA 00008/2021/CA

The Court of Appeal held that collateral and debt are distinct obligations, so the borrowers remained liable for the unpaid balance after auction of the secured house.

• Loan agreements
• Security interests
• Foreclosure
• Procedural fairness
• Damages
• Interest on debt

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NTABARESHYA v MUHORAKEYE N’UNDI

Court

Court of Appeal

Case number

RS/INJUST/RC 00002/2019/CA

The Court of Appeal held that a seller cannot use as security a vehicle already sold to another person without the buyer’s consent, and ordered return of the vehicle.

• Contract law
• Sale of goods
• Security interests
• Enforcement of judgments
• Contract-law
• Sale-of-goods

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KCB BANK UGANDA LTD v. KIIZA & LOUISE (KL) LTD_kn

Court

Supreme Court

Case number

RCOMAA0042/16/CS - RCOM 00021/2016/SC

The Supreme Court held that Rwandan courts had jurisdiction over a Ugandan bank’s claim because the defendants lived in Rwanda and the collateral was in Rwanda.

• Jurisdiction
• Foreign contracts
• Security interests
• Enforcement of foreign judgments
• Foreign-contracts
• Security-interests

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I&M BANK v. SEBULIKOKO _en

Court

Supreme Court

Case number

RCOMAA00052/2016/SC- RCOMAA 0057/16/CS

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.

• Security interests
• Registration of security interests
• Mortgage validity
• Loan default
• Auction of secured property
• Secured-transactions

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COGEBANQUE Ltd v. MUVUNYI

Court

Supreme Court

Case number

RCOMAA 007/13/CS

The Supreme Court held it had jurisdiction to hear a commercial appeal after finding the mortgaged property’s value in the record exceeded the statutory threshold.

• Jurisdiction
• Appeals
• Security interests
• Immovable property
• Loan agreements
• Commercial-appeals

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