MAXWELL LTD N’UNDI v RPPA N’ABANDI

MAXWELL LTD N’UNDI v RPPA N’ABANDI

The Supreme Court held that the value of the subject matter as litigated did not meet the statutory threshold for its jurisdiction, as the expert valuation of MAXWELL Ltd was not the value in dispute. Furthermore, the applicants had lost in both lower courts on the same legal grounds, barring a second appeal. Therefore, the appeal was inadmissible and the applicants were ordered to pay costs and legal fees to the respondents.

Citation
RCOMAA 00061/2022/CA
Parties
Applicant: MAXWELL Ltd; Applicant: MPAGAZEHE Robert; Respondent: RWANDA PUBLIC PROCUREMENT AUTHORITY (RPPA); Respondent: Akarere ka Gakenke; Respondent: Akarere ka Gatsibo
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
25 November 2022
Case Number
RCOMAA 00061/2022/CA
Procedural Posture
Commercial Appeal / Second Appeal (supreme Court)
Outcome
Appeal dismissed as inadmissible for lack of jurisdiction and bar due to same grounds in lower courts.
Legal Topics
Public Procurement, Jurisdiction, Appeals, Contract Termination, Damages
Source Language
rw
Commercial Law Administrative Law Civil Procedure Public Procurement Jurisdiction Appeals Contract Termination Damages

Case Brief

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Parties

MAXWELL Ltd

Applicant

MPAGAZEHE Robert

Applicant

RWANDA PUBLIC PROCUREMENT AUTHORITY (RPPA)

Respondent

Akarere ka Gakenke

Respondent

Akarere ka Gatsibo

Respondent

Procedural Posture

Commercial Appeal / Second Appeal (supreme Court)

Legal Issues

  1. 1 Whether the Supreme Court had jurisdiction based on the value of the subject matter
  2. 2 Whether the applicants were barred from a second appeal due to having lost on the same grounds in both lower courts
  3. 3 Whether the applicants were entitled to damages and legal fees

Ratio Decidendi

The Supreme Court held that the value of the subject matter as litigated did not meet the statutory threshold for its jurisdiction, as the expert valuation of MAXWELL Ltd was not the value in dispute. Furthermore, the applicants had lost in both lower courts on the same legal grounds, barring a second appeal. Therefore, the appeal was inadmissible and the applicants were ordered to pay costs and legal fees to the respondents.

Court Disposition

Appeal dismissed as inadmissible for lack of jurisdiction and bar due to same grounds in lower courts.

Orders

  • Applicants to pay 200,000 Frw each to RPPA and Akarere ka Gakenke as costs
  • Applicants to pay Akarere ka Gatsibo 500,000 Frw as legal fees and 200,000 Frw as costs