IMPACT PHARMA Ltd v IJABO Clinics

IMPACT PHARMA Ltd v IJABO Clinics

The appeal was allowed because the PV de constat and RIB report did not conclusively prove the machine was defective at sale; rather, issues arose from use of incompatible reagents. The contract was validly executed, and there was no sufficient evidence of fraud or misrepresentation to justify rescission. Damages awarded at first instance were overturned, and IJABO Clinics was ordered to compensate IMPACT PHARMA Ltd for costs incurred in the appeal.

Citation
RCOMA 00064/2021/HCC
Parties
Appellant: IMPACT PHARMA Ltd; Respondent: IJABO Clinics
Court
Commercial High Court
Jurisdiction
Rwanda
Judgment Date
20 May 2022
Case Number
RCOMA 00064/2021/HCC
Procedural Posture
Commercial Appeal / Final Judgment
Outcome
appeal allowed; lower court decision reversed
Legal Topics
Contract Validity, Damages, Evidence Assessment, Warranty, Rescission of Contract
Source Language
en, rw
Commercial Law Contract Law Contract Validity Damages Evidence Assessment Warranty Rescission of Contract

Case Brief

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Parties

IMPACT PHARMA Ltd

Appellant

IJABO Clinics

Respondent

Procedural Posture

Commercial Appeal / Final Judgment

Legal Issues

  1. 1 Whether the PV de constat and RIB report were valid evidence of the machine's defect
  2. 2 Whether the sale contract was valid or should be rescinded for fraud/misrepresentation
  3. 3 Whether damages awarded at first instance were justified

Ratio Decidendi

The appeal was allowed because the PV de constat and RIB report did not conclusively prove the machine was defective at sale; rather, issues arose from use of incompatible reagents. The contract was validly executed, and there was no sufficient evidence of fraud or misrepresentation to justify rescission. Damages awarded at first instance were overturned, and IJABO Clinics was ordered to compensate IMPACT PHARMA Ltd for costs incurred in the appeal.

Court Disposition

appeal allowed; lower court decision reversed

Orders

  • IJABO Clinics to pay IMPACT PHARMA Ltd 600,000 FRW for legal fees and 150,000 FRW for appeal costs (total 750,000 FRW)
  • IJABO Clinics to return 40,000 FRW advanced by IMPACT PHARMA Ltd as security for costs