GAHIZI v. RUHAMYAMBUGA

GAHIZI v. RUHAMYAMBUGA

The appellant failed to provide sufficient evidence that CITY PLAZA was company property; new claims regarding SOKERWA shares and stock were inadmissible at appeal; moral damages were not warranted absent intent to prejudice, but procedural and advocate fees were awarded at the court's discretion.

Citation
RCOMA 0069/13/CS
Parties
Appellant: Gahizi Thaddée; Respondent: Ruhamyambuga Paul
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
6 February 2015
Case Number
RCOMA 0069/13/CS
Procedural Posture
Civil Commercial Appeal / Supreme Court Judgment
Outcome
Appeal dismissed; cross-appeal partially allowed
Legal Topics
Burden of Proof, Appeal Procedure, Company Property Disputes, Damages, Procedural and Advocate Fees
Source Language
en, rw
Commercial Law Evidence Law Civil Procedure Contract Law Burden of Proof Appeal Procedure Company Property Disputes Damages +1 more

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Parties

Gahizi Thaddée

Appellant

Ruhamyambuga Paul

Respondent

Procedural Posture

Civil Commercial Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether CITY PLAZA should be reinstated as property of SOKERWA
  2. 2 Whether new claims regarding SOKERWA shares in COGEAR and 1999 stock can be raised on appeal
  3. 3 Whether moral damages and procedural fees are owed by the appellant

Ratio Decidendi

The appellant failed to provide sufficient evidence that CITY PLAZA was company property; new claims regarding SOKERWA shares and stock were inadmissible at appeal; moral damages were not warranted absent intent to prejudice, but procedural and advocate fees were awarded at the court's discretion.

Court Disposition

Appeal dismissed; cross-appeal partially allowed

Orders

  • Appeal by Gahizi Thaddée dismissed
  • Cross-appeal by Ruhamyambuga Paul allowed only as to procedural and advocate fees