NFCS LTD v NEXTGEN DEVELOPERS LTD ET.AL

NFCS LTD v NEXTGEN DEVELOPERS LTD ET.AL

The 30,000,000 Frw cheque dated 30/10/2019 was part of the previously agreed 48,000,000 Frw debt and not an additional debt; the 8,500,000 Frw cheque dated 06/06/2019 was unrelated to the tender and should not be included in the debt. Profits and interests from the tender must be distributed equally between NFCS Ltd. and Gasirikare Evariste after deducting the principal investment. Gasirikare Evariste's claim for 18% economic damages was inadmissible as it was raised for the first time at the appellate level. Each party should bear its own legal costs at this stage, but previous orders for procedural fees remain.

Citation
RLR V.3-2025
Parties
Appellant/claimant: NFCS Ltd.; Respondent/defendant: NEXTGEN DEVELOPERS Ltd.; Voluntary Intervener/respondent: Gasirikare Evariste
Court
Court of Appeal
Jurisdiction
Rwanda
Judgment Date
28 February 2020
Case Number
RCOMAA 00114/2022/CA
Procedural Posture
Commercial Appeal / Court of Appeal Final Judgment
Outcome
Appeal by NFCS Ltd. allowed in all respects; appeal by Gasirikare Evariste partially allowed.
Legal Topics
Cheques and Negotiable Instruments, Partnership Agreements, Debt Recovery, Voluntary Intervention, Procedural Fees
Source Language
en
Commercial Law Contract Law Civil Procedure Cheques and Negotiable Instruments Partnership Agreements Debt Recovery Voluntary Intervention Procedural Fees

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Parties

NFCS Ltd.

Appellant/claimant

NEXTGEN DEVELOPERS Ltd.

Respondent/defendant

Gasirikare Evariste

Voluntary Intervener/respondent

Procedural Posture

Commercial Appeal / Court of Appeal Final Judgment

Legal Issues

  1. 1 Whether the 30,000,000 Frw cheque dated 30/10/2019 should be added to or included in the 48,000,000 Frw debt owed by NFCS Ltd. to Gasirikare Evariste
  2. 2 Whether the 8,500,000 Frw cheque dated 06/06/2019 should be included in the debt related to the tender execution
  3. 3 How interests and profits from the tender should be distributed between NFCS Ltd. and Gasirikare Evariste

Ratio Decidendi

The 30,000,000 Frw cheque dated 30/10/2019 was part of the previously agreed 48,000,000 Frw debt and not an additional debt; the 8,500,000 Frw cheque dated 06/06/2019 was unrelated to the tender and should not be included in the debt. Profits and interests from the tender must be distributed equally between NFCS Ltd. and Gasirikare Evariste after deducting the principal investment. Gasirikare Evariste's claim for 18% economic damages was inadmissible as it was raised for the first time at the appellate level. Each party should bear its own legal costs at this stage, but previous orders for procedural fees remain.

Court Disposition

Appeal by NFCS Ltd. allowed in all respects; appeal by Gasirikare Evariste partially allowed.

Orders

  • NEXTGEN DEVELOPERS Ltd. to pay 135,841,125 Frw as determined.
  • Of this, 43,920,563 Frw to NFCS Ltd. and 91,920,563 Frw to Gasirikare Evariste.