Ese USENGIMANA v. NIKOBASANZWE

Ese USENGIMANA v. NIKOBASANZWE

The Supreme Court relied on the joint expert report to determine the value of works performed by Nikobasanzwe, deducting the value of fuel used and awarding only the proven amount. Delay interest was denied because Nikobasanzwe did not commence works on time and some works were incomplete. Both parties were ordered to pay the expert's fee equally and share court costs.

Citation
RCOMAA 0012/13/CS
Parties
Appellant/respondent: Ese Usengimana Richard; Respondent/appellant: Nikobasanzwe Ntwali Gérard; Court Appointed Expert: Ir Batanage Louis
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
13 November 2015
Case Number
RCOMAA 0012/13/CS
Procedural Posture
Commercial Contract Dispute / Supreme Court Appeal
Outcome
Partial success for both parties; judgment for quantified debt, with deductions and cost orders.
Legal Topics
Performance of Contract, Subcontracting, Quantification of Debt, Expert Evidence, Delay Interest, Costs
Source Language
rw, en
Contract Law Commercial Law Performance of Contract Subcontracting Quantification of Debt Expert Evidence Delay Interest Costs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 1 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Ese Usengimana Richard

Appellant/respondent

Nikobasanzwe Ntwali Gérard

Respondent/appellant

Ir Batanage Louis

Court Appointed Expert

Procedural Posture

Commercial Contract Dispute / Supreme Court Appeal

Legal Issues

  1. 1 Whether Nikobasanzwe performed the contractual obligations as per the sub-contract with Ese Usengimana
  2. 2 How much is owed by Ese Usengimana to Nikobasanzwe for works performed
  3. 3 Whether Nikobasanzwe is entitled to interest for delayed payment

Ratio Decidendi

The Supreme Court relied on the joint expert report to determine the value of works performed by Nikobasanzwe, deducting the value of fuel used and awarding only the proven amount. Delay interest was denied because Nikobasanzwe did not commence works on time and some works were incomplete. Both parties were ordered to pay the expert's fee equally and share court costs.

Court Disposition

Partial success for both parties; judgment for quantified debt, with deductions and cost orders.

Orders

  • Ese Usengimana Richard to pay Nikobasanzwe Ntwali Gérard 183,603,861 Frws for works performed (net of deductions)
  • Ese Usengimana Richard to pay Ir Batanage Louis 2,250,000 Frws as half of expert's fee