MUGABE v. KOMISIYO YO GUSEZERERA INGABO (RDRC)

MUGABE Thomas was personally liable because he signed the contract, operated under the business name, and provided a forged guarantee, making him responsible for the outstanding debt and damages. The lower court's error in the amount was corrected, and the appeal was dismissed for lack of merit.

Citation: RCOMA 00042/2019/CHC/HCC
Parties: Appellant/defendant: MUGABE Thomas; Appellant/defendant: Entreprise MUGABE Thomas; Respondent/plaintiff: KOMISIYO YO GUSEZERERA INGABO (RDRC)
Court: Commercial High Court
Jurisdiction: Rwanda
Judgment Date: 11 October 2019
Case Number: RCOMA 00042/2019/CHC/HCC
Procedural Posture: Commercial Appeal / Final Appellate Judgment
Outcome: appeal dismissed
Legal Topics: Breach of Contract, Personal Liability of Business Owner, Evidence in Civil Proceedings, Damages and Costs
Source Language: en, rw, fr

Commercial Law Contract Law Civil Procedure Breach of Contract Personal Liability of Business Owner Evidence in Civil Proceedings Damages and Costs

Case Brief

Summary, issues, holding and outcome

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Full judgment text Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 5

Parties

MUGABE Thomas

Appellant/defendant

Entreprise MUGABE Thomas

Appellant/defendant

KOMISIYO YO GUSEZERERA INGABO (RDRC)

Respondent/plaintiff

Procedural Posture

Commercial Appeal / Final Appellate Judgment

Legal Issues

1 Whether MUGABE Thomas could be held personally liable for contractual obligations of his business name
2 Whether the lower court erred in holding both MUGABE Thomas and his business liable
3 Whether the monetary award and damages were correctly calculated

Ratio Decidendi

Court Disposition

appeal dismissed

Orders

MUGABE Thomas and Entreprise MUGABE Thomas to pay RDRC Rwf 13,877,123 as outstanding debt
To pay RDRC Rwf 800,000 as previously awarded damages