36 FAIDA V. MUJEJENDE N’ABANDI

36 FAIDA V. MUJEJENDE N’ABANDI

Faida unlawfully seized and withheld the goods of Mujejende and others, failed to provide evidence of their condition, and is liable to pay their monetary value and damages. Rent refunds are owed by Kayitesi and Kayirere, not Faida, as they were the contracting parties. No additional damages or attorney fees are...

Source-derived case information.

Citation
RCOMAA 0032/14/CS
Parties
Appellant: Faida Amur Sultan; Respondent: Mujejende Béata; Respondent: Hatibu Sani; Respondent: Umutesi Mariam; Respondent: Rukundo Abdoulahman; Interested Party: Kayitesi Françoise; Interested Party: Kayirere Marie Grâce
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
14 November 2014
Case Number
RCOMAA 0032/14/CS
Procedural Posture
Civil Appeal (commercial/property) / Supreme Court Final Judgment
Outcome
Appeal partially allowed; cross-appeals dismissed; lower court judgment modified in part.
Legal Topics
Unlawful Seizure of Goods, Compensation for Damages, Lease Agreements, Burden of Proof, Damages for Loss of Business, Attorney Fees, Execution of Judgments
Property Law Contract Law Civil Procedure Commercial Law Unlawful Seizure of Goods Compensation for Damages Lease Agreements Burden of Proof +3 more

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Parties

Faida Amur Sultan

Appellant

Mujejende Béata

Respondent

Hatibu Sani

Respondent

Umutesi Mariam

Respondent

Rukundo Abdoulahman

Respondent

Kayitesi Françoise

Interested Party

Kayirere Marie Grâce

Interested Party

Procedural Posture

Civil Appeal (commercial/property) / Supreme Court Final Judgment

  1. 1 Whether Faida unlawfully seized goods of Mujejende and others and is liable for damages
  2. 2 Whether compensation should be in goods or monetary value
  3. 3 Responsibility for refunding rent after eviction

Ratio Decidendi

Faida unlawfully seized and withheld the goods of Mujejende and others, failed to provide evidence of their condition, and is liable to pay their monetary value and damages. Rent refunds are owed by Kayitesi and Kayirere, not Faida, as they were the contracting parties. No additional damages or attorney fees are awarded where not justified by evidence or where parties had partial success.

Court Disposition

Appeal partially allowed; cross-appeals dismissed; lower court judgment modified in part.

Orders

  • Faida Amur Sultan to pay Mujejende Béata 10,915,600 Frw, Hatibu Sani 9,143,800 Frw, Rukundo Abdoulahman 14,790,400 Frw, Umutesi Mariam 20,598,400 Frw as itemized (goods value, damages, attorney fees, moral damages).
  • Kayitesi Françoise and Kayirere Marie Grâce to jointly pay Mujejende Béata, Hatibu Sani, Umutesi Mariam, and Rukundo Abdoulahman 4,844,444 Frw rent refund, to be divided according to each's share.