SANLAM AG PLc v NYIRANEZA N’UNDI
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The compromise agreement signed on 12/11/2024 by the parties resolved all issues in dispute, terminated the appeal, and is binding on all signatories. The court recognizes and enforces the settlement as the final disposition of the case.
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The Supreme Court dismissed a review application, held the auction-annulment claim was timely, and directed that the merits be heard.
The Court of Appeal lacks jurisdiction to hear a second appeal in business reorganization matters where the subject matter cannot be valued in monetary terms. The debts owed or claimed are not the subject of the proceedings and cannot be used to establish jurisdiction. Therefore, the second appeal is inadmissible.
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The Court of Appeal partially allowed the appeal, rejected speculative loss-of-profit claims, and adjusted restitution after an annulled auction.
The Court of Appeal held that moral damages may be awarded for a miscarriage caused by a motor vehicle accident under general principles of law when no special law covers the issue.
The Court of Appeal confirmed a mediation agreement settling a succession and land-registration dispute, holding that it should be executed as written.
The Court of Appeal held that a signed amicable settlement resolved the dispute, terminated the case, and must be honored by all signatories.
The Supreme Court held that the mere issuance of cheques by KCF Ltd did not constitute valid payment as the cheques were not backed by sufficient funds from issuance to expiration. The underlying debt remained enforceable, and KCF Ltd was obligated to pay the outstanding amount. Interest was awarded at the average lending rate published by the National Bank of Rwanda. The Court found no grounds to pierce the corporate veil and hold Karangwa Raymond personally liable. KCF Ltd was ordered to reimburse CIMERWA Ltd for the previously paid 11,650,000 Frw and to pay legal costs.
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The Supreme Court held that a challenge to an auction was filed in time after notification by email, dismissed the review for injustice, and ordered merits hearing to continue.
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