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Rwanda decisions
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The Supreme Court held Bank of Kigali liable for an unauthorized USD 11,500 withdrawal, awarded interest equal to the principal, and rejected the 310,000 Frw claim.
The Supreme Court held that Bank of Kigali breached its duty of care by allowing an unauthorized USD withdrawal and ordered repayment, interest, and distress damages.
The court held that the bank unlawfully withdrew funds from a customer’s account after the loan was fully repaid and ordered repayment plus attorney fees.
The Supreme Court held that BPR had to refund 14,000,000 Frw withdrawn from Kagaragu’s account and 500,000 Frw uncredited, and awarded moral damages and costs.
BPR failed to justify the withdrawal and use of 14,000,000 Frw from Kagaragu's account and did not rebut evidence of the 500,000 Frw deposit; thus, BPR must refund these amounts. Economic damages were denied for lack of computation, but moral damages and procedural/advocate fees were awarded as Kagaragu suffered prejudice and prevailed in the case.
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BPR failed to justify the withdrawal of 14,000,000 Frw from Kagaragu's account and did not prove it acted on his authorization or in his interest. The bank also failed to rebut evidence of the 500,000 Frw deposit. Economic damages were denied for lack of computation detail, but moral damages and procedural fees were awarded due to prejudice and litigation expenses caused by BPR's mismanagement.
Source excerpt
The appeal was not out of time because there was no evidence Ecobank was notified of the judgment pronouncement date. The contract was not enforceable as Ituze Ltd did not sign it, so Ecobank had no right to withdraw funds. Ecobank must restore the account to its prior status by depositing 11,400,000 Rwf. Damages awarded by the lower court were not supported by evidence and are overturned.
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