NZABAMWITA ET AL v. STIPPAG RWANDA

The contract was validly executed by individuals with capacity, not as a company lacking legal personality. Execution of the contract precludes cancellation for error. Arbitration award stands; high commercial court judgment quashed.

Citation: RCOMAA 0003/13/CS
Parties: Appellant: NZABAMWITA Emile; Appellant: RURANGIRWA Célestin; Respondent: STIPPAG RWANDA
Court: Supreme Court
Jurisdiction: Rwanda
Judgment Date: 17 January 2013
Case Number: RCOMAA 0003/13/CS
Procedural Posture: Commercial Appeal / Final Judgment (supreme Court)
Outcome: appeal granted; high commercial court judgment quashed; arbitration award confirmed
Legal Topics: Capacity to Contract, Contract Validity, Arbitration Clause, Business Name Vs Company, Confirmation of Contract
Source Language: en, rw

Commercial Law Contract Law Capacity to Contract Contract Validity Arbitration Clause Business Name Vs Company Confirmation of Contract

Case Brief

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Full judgment text Legal principles 4 Authorities cited 2 Party arguments 2 Amounts and remedies 4

Parties

NZABAMWITA Emile

Appellant

RURANGIRWA Célestin

Appellant

STIPPAG RWANDA

Respondent

Procedural Posture

Commercial Appeal / Final Judgment (supreme Court)

Legal Issues

1 Whether the contract signed by individuals under a business name lacking legal personality is valid
2 Whether execution of a contract with an error precludes cancellation
3 Whether the arbitration clause was legally valid

Ratio Decidendi

Court Disposition

appeal granted; high commercial court judgment quashed; arbitration award confirmed

Orders

STIPPAG RWANDA to pay court fees of 12,100 RWF within 8 days