GAMECO Ltd vs MUKABIDERI

GAMECO Ltd vs MUKABIDERI

GAMECO Ltd is liable for the damages suffered by Mukabideri Cécile because the acts causing the injury were committed in the course of executing a contract for which GAMECO was responsible. The company failed to follow proper procedures for subcontracting as required by the main contract, and under the law, the principal remains liable for acts of its agents or subcontractors. The compensation awarded is upheld as justified.

Citation
RS/INJUST/RC 00011/2024/SC
Parties
Applicant: GAMECO Ltd; Respondent: Mukabideri Cécile
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
11 April 2025
Case Number
RS/INJUST/RC 00011/2024/SC
Procedural Posture
Civil / Supreme Court Review of High Court Judgment on Grounds of Injustice
Outcome
Application for review dismissed; previous judgments upheld.
Legal Topics
Vicarious Liability, Compensation for Injury, Subcontracting Liability, Enforcement of Contractual Obligations
Source Language
rw
Tort Law Contract Law Vicarious Liability Compensation for Injury Subcontracting Liability Enforcement of Contractual Obligations

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Parties

GAMECO Ltd

Applicant

Mukabideri Cécile

Respondent

Procedural Posture

Civil / Supreme Court Review of High Court Judgment on Grounds of Injustice

Legal Issues

  1. 1 Whether GAMECO Ltd is liable to compensate Mukabideri Cécile for injuries caused by third parties during execution of a contract
  2. 2 Whether the existence of subcontracting or lack thereof affects GAMECO's liability
  3. 3 Whether the compensation awarded to Mukabideri Cécile is justified

Ratio Decidendi

GAMECO Ltd is liable for the damages suffered by Mukabideri Cécile because the acts causing the injury were committed in the course of executing a contract for which GAMECO was responsible. The company failed to follow proper procedures for subcontracting as required by the main contract, and under the law, the principal remains liable for acts of its agents or subcontractors. The compensation awarded is upheld as justified.

Court Disposition

Application for review dismissed; previous judgments upheld.

Orders

  • The application by GAMECO Ltd to review the High Court judgment on grounds of injustice is dismissed.
  • The judgment of the High Court, requiring GAMECO Ltd to pay compensation to Mukabideri Cécile, remains in force.