MUHONGE TRADING COMPANY LTD v. RWANDA ANGLICAN CAPITAL INVESTMENTS LTD

MUHONGE TRADING COMPANY LTD v. RWANDA ANGLICAN CAPITAL INVESTMENTS LTD

The High Commercial Court based its decision on existing and applicable legal provisions. There was no reliance on a non-existent law. Therefore, the Court of Appeal lacks jurisdiction to entertain the second appeal, and the appeal is not admitted.

Source-derived case information.

Citation
RCOMAA 00071/2022/ CA
Parties
Appellant: MUHONGE TRADING COMPANY LTD; Respondent: RWANDA ANGLICAN CAPITAL INVESTMENTS LTD
Court
Court of Appeal
Jurisdiction
Rwanda
Judgment Date
13 November 2023
Case Number
RCOMAA 00071/2022/ CA
Procedural Posture
Commercial Appeal / Court of Appeal Ruling on Jurisdictional Objection
Outcome
Appeal not admitted for lack of jurisdiction.
Legal Topics
Jurisdiction, Appeals, Contract Enforcement, Mediation Clauses
Source Language
rw
Commercial Law Civil Procedure Jurisdiction Appeals Contract Enforcement Mediation Clauses

Source-derived case record

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Parties

MUHONGE TRADING COMPANY LTD

Appellant

RWANDA ANGLICAN CAPITAL INVESTMENTS LTD

Respondent

Procedural Posture

Commercial Appeal / Court of Appeal Ruling on Jurisdictional Objection

  1. 1 Whether the High Commercial Court based its decision on a non-existent law, thus conferring jurisdiction on the Court of Appeal for a second appeal
  2. 2 Whether the appellant is liable for costs and attorney fees

Ratio Decidendi

The High Commercial Court based its decision on existing and applicable legal provisions. There was no reliance on a non-existent law. Therefore, the Court of Appeal lacks jurisdiction to entertain the second appeal, and the appeal is not admitted.

Court Disposition

Appeal not admitted for lack of jurisdiction.

Orders

  • Appellant to pay respondent 500,000 Frw as attorney fees and 200,000 Frw as litigation costs.
  • Court fees assessed as per work done in the case.