AKARERE KA GICUMBI v WOORD GROUP Ltd

AKARERE KA GICUMBI v WOORD GROUP Ltd

The Court of Appeal lacks jurisdiction to hear a second appeal where the damages awarded by the lower court do not reach the statutory threshold of 75,000,000 Frw, regardless of the amount claimed in the original suit. The appellant's appeal was therefore not admitted, and the respondent was entitled to partial costs and attorney fees.

Citation
– RCOMA 00008/2021/CA
Parties
Appellant: Akarere ka Gicumbi; Respondent: WOORD GROUP Ltd
Court
Court of Appeal
Jurisdiction
Rwanda
Judgment Date
13 June 2022
Case Number
– RCOMA 00008/2021/CA
Procedural Posture
Commercial Appeal / Court of Appeal – Second Appeal, Jurisdictional Objection
Outcome
Appeal not admitted for lack of jurisdiction.
Legal Topics
Jurisdiction of Appellate Courts, Contract Enforcement, Damages Assessment, Costs and Attorney Fees
Source Language
en, rw
Commercial Law Civil Procedure Jurisdiction of Appellate Courts Contract Enforcement Damages Assessment Costs and Attorney Fees

Case Brief

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Parties

Akarere ka Gicumbi

Appellant

WOORD GROUP Ltd

Respondent

Procedural Posture

Commercial Appeal / Court of Appeal – Second Appeal, Jurisdictional Objection

Legal Issues

  1. 1 Whether the Court of Appeal had jurisdiction to hear the second appeal given the amount in controversy
  2. 2 Whether the appellant is liable for costs and attorney fees

Ratio Decidendi

The Court of Appeal lacks jurisdiction to hear a second appeal where the damages awarded by the lower court do not reach the statutory threshold of 75,000,000 Frw, regardless of the amount claimed in the original suit. The appellant's appeal was therefore not admitted, and the respondent was entitled to partial costs and attorney fees.

Court Disposition

Appeal not admitted for lack of jurisdiction.

Orders

  • Akarere ka Gicumbi to pay WOORD GROUP Ltd 500,000 Frw as attorney fees and 200,000 Frw as costs at this level.
  • Court fees correspond to the work done in the case.