JET COM Ltd v.TRANSOCEAN SARL

JET COM Ltd v.TRANSOCEAN SARL

Invoices stamped 'PAYÉ' without proper supporting evidence do not prove payment. The reduction of the claim to the agreed contractual amount is not an alteration of the claim. TRANSOCEAN SARL failed to prove payment of 11,855,000 Frw, which is therefore owed to JETCOM.

Citation
RCOMA 0059/12/CS
Parties
Appellant: JET COM Ltd; Respondent: TRANSOCEAN SARL
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
26 June 2015
Case Number
RCOMA 0059/12/CS
Procedural Posture
Commercial Appeal / Supreme Court Judgment
Outcome
Appeal allowed; cross-appeal dismissed; previous judgment quashed.
Legal Topics
Alteration of Claim, Proof of Payment, Commercial Contracts, Burden of Proof
Source Language
rw, en
Commercial Law Evidence Law Alteration of Claim Proof of Payment Commercial Contracts Burden of Proof

Case Brief

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Parties

JET COM Ltd

Appellant

TRANSOCEAN SARL

Respondent

Procedural Posture

Commercial Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether reducing the claimed amount constitutes alteration of the claim
  2. 2 Whether invoices stamped 'PAYÉ' constitute valid proof of payment
  3. 3 Whether TRANSOCEAN SARL owed JETCOM for services rendered

Ratio Decidendi

Invoices stamped 'PAYÉ' without proper supporting evidence do not prove payment. The reduction of the claim to the agreed contractual amount is not an alteration of the claim. TRANSOCEAN SARL failed to prove payment of 11,855,000 Frw, which is therefore owed to JETCOM.

Court Disposition

Appeal allowed; cross-appeal dismissed; previous judgment quashed.

Orders

  • TRANSOCEAN SARL to pay JETCOM 11,855,000 Frw.
  • TRANSOCEAN SARL to pay court fees.