ANGEL PHARMACY Ltd v. NDABATEZE

ANGEL PHARMACY Ltd v. NDABATEZE

Angel Pharmacy Ltd is the only legally recognized entity, owned by its registered shareholders; MINISANTE license does not confer ownership; damages are awarded only for proven losses incurred in litigation, not for speculative or unsupported claims.

Citation
RLR V.1-2021
Parties
Applicant: Angel Pharmacy Ltd; Respondent: Ndabateze Adeline; Respondent: Ngwabije Murihano Ephrem
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
15 January 2016
Case Number
RS/REV/INJUST/COM 0005/15/CS
Procedural Posture
Commercial Civil Revision (injustice) / Final Judgment
Outcome
partially allowed
Legal Topics
Corporate Registration, Pharmacy Licensing, Shareholder Status, Damages
Source Language
en, rw

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Parties

Angel Pharmacy Ltd

Applicant

Ndabateze Adeline

Respondent

Ngwabije Murihano Ephrem

Respondent

Procedural Posture

Commercial Civil Revision (injustice) / Final Judgment

  1. 1 Which entity legally exists: Angel Pharmacy Ltd or Angel Pharmacy?
  2. 2 Who are the rightful shareholders of Angel Pharmacy Ltd?
  3. 3 Does a MINISANTE license confer ownership of a pharmacy?

Ratio Decidendi

Angel Pharmacy Ltd is the only legally recognized entity, owned by its registered shareholders; MINISANTE license does not confer ownership; damages are awarded only for proven losses incurred in litigation, not for speculative or unsupported claims.

Court Disposition

partially allowed

Orders

  • Angel Pharmacy Ltd is declared the legally existing pharmacy.
  • Angel Pharmacy Ltd shall continue its business operations.