GAKWAYA v MICHEL

GAKWAYA v MICHEL

The Supreme Court has jurisdiction as the contract value exceeds 20,000,000 Rwfrs. Michel Campion had capacity to sue as mandate holder. The definitive contract replaced the provisional contract and was contingent on bank loan approval, which was not obtained. No evidence showed the seller prevented the loan. The...

Source-derived case information.

Citation
RCOM AA 0048/12/CS
Parties
Appellant: Gakwaya Emmanuel; Respondent: Michel Campion
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
11 April 2014
Case Number
RCOM AA 0048/12/CS
Procedural Posture
Commercial Appeal / Supreme Court Final Judgment
Outcome
Appeal dismissed; cross appeal allowed.
Legal Topics
Contract of Sale, Jurisdiction, Mandate to Sell, Damages, Capacity to Sue
Commercial Law Contract Law Contract of Sale Jurisdiction Mandate to Sell Damages Capacity to Sue

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Parties

Gakwaya Emmanuel

Appellant

Michel Campion

Respondent

Procedural Posture

Commercial Appeal / Supreme Court Final Judgment

Legal Issues

  1. 1 Whether the Supreme Court has jurisdiction based on the value of the contract
  2. 2 Whether Michel Campion had capacity to bring an action
  3. 3 Whether the seller is responsible for the bank’s refusal to grant a loan to the buyer

Ratio Decidendi

The Supreme Court has jurisdiction as the contract value exceeds 20,000,000 Rwfrs. Michel Campion had capacity to sue as mandate holder. The definitive contract replaced the provisional contract and was contingent on bank loan approval, which was not obtained. No evidence showed the seller prevented the loan. The buyer failed to pay, justifying contract dissolution. Damages and fees requested by Gakwaya lacked proof; only reasonable fees and moral damages awarded to Campion.

Court Disposition

Appeal dismissed; cross appeal allowed.

Orders

  • Gakwaya Emmanuel to pay Michel Campion moral damages of 3,000,000 Rwfrs.
  • Gakwaya Emmanuel to pay attorney’s fees and procedural fees as decided by Commercial High Court.