HABYARIMANA v MTN RWANDACELL LTD (2)

HABYARIMANA v MTN RWANDACELL LTD (2)

Habyarimana Charles is the owner of the copyright in the fictional characters Kanyombya and Sekaganda, and MTN used these works for commercial purposes without authorization. The parties subsequently reached a mediated settlement on compensation, which, under Rwandan law, concludes the case and is enforceable without further formalities.

Citation
RLR V.1-2025
Parties
Applicant: Habyarimana Charles; Respondent: MTN Rwandacell Ltd; Intervener: Netsolutions Ltd; Intervener: Niyitegeka Gratien; Intervener: Kayitankore Ndjoli; Intervener: Yellow Dot Rwanda Ltd
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
5 March 2024
Case Number
RS/INJUST/RCOM 00002/2022/SC
Procedural Posture
Civil (intellectual Property) / Supreme Court Review and Final Disposition After Mediation
Outcome
Case concluded by mediation; settlement agreement approved and to be executed.
Legal Topics
Copyright Infringement, Mediation, Legal Standing, Settlement Agreements
Source Language
en
Intellectual Property Civil Procedure Copyright Infringement Mediation Legal Standing Settlement Agreements

Case Brief

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Parties

Habyarimana Charles

Applicant

MTN Rwandacell Ltd

Respondent

Netsolutions Ltd

Intervener

Niyitegeka Gratien

Intervener

Kayitankore Ndjoli

Intervener

Yellow Dot Rwanda Ltd

Intervener

Procedural Posture

Civil (intellectual Property) / Supreme Court Review and Final Disposition After Mediation

Legal Issues

  1. 1 Who is the rightful owner of the copyright in the fictional characters Kanyombya and Sekaganda?
  2. 2 Did MTN use the fictional characters for commercial purposes without authorization?
  3. 3 Should the settlement agreement reached through mediation be approved and enforced?

Ratio Decidendi

Habyarimana Charles is the owner of the copyright in the fictional characters Kanyombya and Sekaganda, and MTN used these works for commercial purposes without authorization. The parties subsequently reached a mediated settlement on compensation, which, under Rwandan law, concludes the case and is enforceable without further formalities.

Court Disposition

Case concluded by mediation; settlement agreement approved and to be executed.

Orders

  • Settlement agreement between Habyarimana Charles and MTN Rwandacell Ltd to be executed as agreed.