CITY OF KIGALI v. RWABUKWISI

The City of Kigali was prevented from performing its contractual obligation to pay Rwabukwisi Jean due to an unforeseeable administrative act (Prosecution Authority's seizure order), which constituted force majeure under the contract and law, thus exonerating it from liability for non-performance and damages.

Citation: RLR V.2 - 2022
Parties: Appellant/defendant: City of Kigali; Respondent/plaintiff: Rwabukwisi Jean
Court: Court of Appeal
Jurisdiction: Rwanda
Judgment Date: 3 July 2020
Case Number: RADAA 00005/2019/CA
Procedural Posture: Civil Appeal (administrative/contract) / Court of Appeal Final Judgment
Outcome: Appeal allowed; High Court judgment reversed in whole.
Legal Topics: Force Majeure, Contractual Liability, Non Performance of Contract, Seizure of Assets, Public Administration Acts
Source Language: en, rw

Administrative Law Contract Law Force Majeure Contractual Liability Non Performance of Contract Seizure of Assets Public Administration Acts

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Parties

City of Kigali

Appellant/defendant

Rwabukwisi Jean

Respondent/plaintiff

Procedural Posture

Civil Appeal (administrative/contract) / Court of Appeal Final Judgment

Legal Issues

1 Whether the administrative act (Prosecution Authority letter) constituted force majeure excusing City of Kigali's non-performance of contract with Rwabukwisi Jean.
2 Whether City of Kigali was liable for pecuniary, moral, and judicial damages for non-payment under the contract.

Ratio Decidendi

Court Disposition

Appeal allowed; High Court judgment reversed in whole.

Orders

Quashed the order for City of Kigali to pay Rwabukwisi Jean 105,900,000 Frw and 7,280,625 Frw in pecuniary damages.
Ordered Rwabukwisi Jean to reimburse City of Kigali 50,000 Frw in court fees.