MAHESHE v. ECOBANK Ltd

MAHESHE v. ECOBANK Ltd

ECOBANK Ltd breached its contractual obligation by transferring funds to the wrong account, causing the applicant commercial loss. The applicant is entitled to consequential damages calculated at 18% interest for 190 days, moral damages, legal fees, and reimbursement of the court deposit. The respondent's appeal is...

Source-derived case information.

Citation
RCOMAA 0027/13/CS
Parties
Applicant: MAHESHE Munyerenkana Floride; Respondent: ECOBANK Ltd
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
14 November 2014
Case Number
RCOMAA 0027/13/CS
Procedural Posture
Civil Appeal / Supreme Court Judgment
Outcome
Respondent's appeal dismissed; applicant's appeal allowed in part; damages increased.
Legal Topics
Breach of Contract, Damages, International Money Transfer, Commercial Transactions
Contract Law Banking Law Breach of Contract Damages International Money Transfer Commercial Transactions

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

MAHESHE Munyerenkana Floride

Applicant

ECOBANK Ltd

Respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether ECOBANK Ltd is liable for damages for breach of contract by transferring funds to the wrong account
  2. 2 Whether the applicant is entitled to consequential damages and at what rate
  3. 3 Whether the damages awarded by the lower court were adequate

Ratio Decidendi

ECOBANK Ltd breached its contractual obligation by transferring funds to the wrong account, causing the applicant commercial loss. The applicant is entitled to consequential damages calculated at 18% interest for 190 days, moral damages, legal fees, and reimbursement of the court deposit. The respondent's appeal is dismissed; the applicant's appeal is allowed in part, increasing the damages awarded.

Court Disposition

Respondent's appeal dismissed; applicant's appeal allowed in part; damages increased.

Orders

  • ECOBANK Ltd to pay applicant USD 9,998 (or 6,998,600 Frw) as consequential damages at 18% interest for 190 days.
  • ECOBANK Ltd to pay applicant 3,000,000 Frw as moral damages.