AQUILLA & PRISCILLA v. ENGEN ET AL

AQUILLA & PRISCILLA v. ENGEN ET AL

The expulsion of AQUILLA by ENGEN and the court bailiff without a court order was unlawful under article 18 of Law no 31/2001. AQUILLA failed to prove the existence of a valid contract for the claimed period due to defects in the photocopy and lack of the original. ENGEN must pay for assets not restituted, and both respondents must pay damages and procedural/advocate fees for unlawful acts.

Citation
RLR V.1 - 2014
Parties
Applicant: AQUILLA & PRISCILLA; Respondent: ENGEN RWANDA Ltd; Respondent: Kanyana Bibiane
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
13 December 2013
Case Number
RCOMA 0165/12/CS
Procedural Posture
Civil Appeal / Supreme Court Judgment
Outcome
Appeal allowed in part
Legal Topics
Unlawful Expulsion, Damages, Court Bailiff Powers, Contract Evidence, Procedural Costs
Source Language
en
Civil Procedure Commercial Law Evidence Law Unlawful Expulsion Damages Court Bailiff Powers Contract Evidence Procedural Costs

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Parties

AQUILLA & PRISCILLA

Applicant

ENGEN RWANDA Ltd

Respondent

Kanyana Bibiane

Respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether ENGEN and Kanyana unlawfully expelled AQUILLA from the petrol station without a court order
  2. 2 Whether there was a valid contract between AQUILLA and ENGEN from 18/02/2011 to 18/02/2012 and damages for its breach
  3. 3 Whether AQUILLA is entitled to damages for seized assets and procedural/advocate fees

Ratio Decidendi

The expulsion of AQUILLA by ENGEN and the court bailiff without a court order was unlawful under article 18 of Law no 31/2001. AQUILLA failed to prove the existence of a valid contract for the claimed period due to defects in the photocopy and lack of the original. ENGEN must pay for assets not restituted, and both respondents must pay damages and procedural/advocate fees for unlawful acts.

Court Disposition

Appeal allowed in part

Orders

  • Kanyana and ENGEN RWANDA Ltd to pay AQUILLA & PRISCILLA 2,000,000 Rwf in civil damages for unlawful expulsion
  • ENGEN RWANDA Ltd to pay AQUILLA & PRISCILLA 32,870,517 Rwf for unrestituted assets and equipment