RLR-V.2-2015

RLR-V.2-2015

SINFOTEC Sarl failed to prove force majeure for the 12-day delay, so OCIR-THE was entitled to deduct the corresponding late penalty. However, OCIR-THE was not entitled to set-off amounts owed to a different company (EIS) against SINFOTEC Sarl. Damages for late payment were only due on the amount wrongfully withheld. Both parties' claims for procedural and counsel fees required specific allocation and justification. SINFOTEC Sarl could not claim damages under both contract and tort for the same breach.

Parties
Appellant/respondent: NAEB; Respondent/appellant: SINFOTEC Sarl
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
1 April 2015
Procedural Posture
Civil Appeal / Supreme Court Judgment
Outcome
Appeal allowed in part for both parties; judgment modified.
Legal Topics
Burden of Proof, Force Majeure, Breach of Contract, Damages, Late Payment Interest, Compensation, Set Off, Procedural and Counsel Fees
Source Language
en, rw, fr
Administrative Law Contract Law Burden of Proof Force Majeure Breach of Contract Damages Late Payment Interest Compensation +2 more

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Parties

NAEB

Appellant/respondent

SINFOTEC Sarl

Respondent/appellant

Procedural Posture

Civil Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether SINFOTEC Sarl proved force majeure to justify late delivery and avoid late penalties; Whether OCIR-THE (now NAEB) was entitled to deduct amounts for late delivery and set-off; Whether damages and late payment interest were properly calculated; Whether both parties could claim procedural and counsel fees; Whether SINFOTEC Sarl could claim damages under both contract and tort

Ratio Decidendi

SINFOTEC Sarl failed to prove force majeure for the 12-day delay, so OCIR-THE was entitled to deduct the corresponding late penalty. However, OCIR-THE was not entitled to set-off amounts owed to a different company (EIS) against SINFOTEC Sarl. Damages for late payment were only due on the amount wrongfully withheld. Both parties' claims for procedural and counsel fees required specific allocation and justification. SINFOTEC Sarl could not claim damages under both contract and tort for the same breach.

Court Disposition

Appeal allowed in part for both parties; judgment modified.

Orders

  • OCIR-THE to pay SINFOTEC Sarl 11,543,000 Frw wrongfully withheld, 20,234,000 Frw late payment interest, 500,000 Frw counsel fees, and 300,000 Frw procedural fees (total 32,577,000 Frw).
  • Court fees apportioned to both parties.