J.V.PironThomas & Piron Grand Lacs Ltd(TPGL) v. Dr Clean Project

J.V.PironThomas & Piron Grand Lacs Ltd(TPGL) v. Dr Clean Project

TPGL is liable to pay for additional works performed by Dr Clean Project beyond the contract period because it knew of and benefited from the works, and evidence showed the works were performed. Interest at 18% is not awarded as the contract did not provide for it, but damages and lawyer's fees are granted. Penalty for non-payment is justified at 50,000 Rwf per month.

Citation
RCOMA 0038/12/CS & RCOMA 0039/12/CS
Parties
Appellant/respondent: J.V. Piron-Thomas & Piron Grand Lacs Ltd (TPGL); Appellant/respondent: Dr Clean Project Ltd
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
19 September 2014
Case Number
RCOMA 0038/12/CS & RCOMA 0039/12/CS
Procedural Posture
Civil Appeal / Supreme Court Judgment
Outcome
Appeal of Dr Clean Project Ltd allowed in part; appeal of TPGL dismissed.
Legal Topics
Contractual Obligations, Additional Works, Damages, Interest, Penalty for Non Payment, Lawyer's Fees
Source Language
en, rw
Contract Law Civil Procedure Contractual Obligations Additional Works Damages Interest Penalty for Non Payment Lawyer's Fees

Case Brief

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Parties

J.V. Piron-Thomas & Piron Grand Lacs Ltd (TPGL)

Appellant/respondent

Dr Clean Project Ltd

Appellant/respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether TPGL is liable to pay for additional finishing works performed beyond the contract period without written authorization
  2. 2 Whether Dr Clean Project is entitled to interest, damages, penalty, and lawyer's fees

Ratio Decidendi

TPGL is liable to pay for additional works performed by Dr Clean Project beyond the contract period because it knew of and benefited from the works, and evidence showed the works were performed. Interest at 18% is not awarded as the contract did not provide for it, but damages and lawyer's fees are granted. Penalty for non-payment is justified at 50,000 Rwf per month.

Court Disposition

Appeal of Dr Clean Project Ltd allowed in part; appeal of TPGL dismissed.

Orders

  • TPGL to pay Dr Clean Project Ltd 37,286,667 Rwf for additional works.
  • TPGL to pay Dr Clean Project Ltd 1,000,000 Rwf for damages and lawyer's fees.