EMUGECO v. UMUJYI WA KIGALI

EMUGECO v. UMUJYI WA KIGALI

EMUGECO cannot claim damages for unused materials because it did not sue for wrongful termination of contract, and the contract did not provide for payment for unused materials upon termination. The evidence did not establish a contractual or legal basis for the claim. The incidental appeal by Umujyi wa Kigali for...

Source-derived case information.

Citation
RADA0051/11/CS
Parties
Appellant: EMUGECO; Respondent: Umujyi wa Kigali
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
25 October 2013
Case Number
RADA0051/11/CS
Procedural Posture
Civil Appeal / Supreme Court Judgment
Outcome
Appeal dismissed; incidental appeal not admitted; lower court judgment affirmed.
Legal Topics
Breach of Contract, Damages, Termination of Contract, Procedural Law
Source Language
rw
Administrative Law Contract Law Breach of Contract Damages Termination of Contract Procedural Law

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

EMUGECO

Appellant

Umujyi wa Kigali

Respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether EMUGECO is entitled to damages for termination of contract by Umujyi wa Kigali
  2. 2 Whether Umujyi wa Kigali must pay for unused materials after contract termination
  3. 3 Whether Umujyi wa Kigali is entitled to attorney fees under incidental appeal

Ratio Decidendi

EMUGECO cannot claim damages for unused materials because it did not sue for wrongful termination of contract, and the contract did not provide for payment for unused materials upon termination. The evidence did not establish a contractual or legal basis for the claim. The incidental appeal by Umujyi wa Kigali for attorney fees was not properly raised at trial and is inadmissible.

Court Disposition

Appeal dismissed; incidental appeal not admitted; lower court judgment affirmed.

Orders

  • EMUGECO to pay court costs of 28,500 Rwandan Francs