FAIDA V. MUJEJENDE ET AL

FAIDA V. MUJEJENDE ET AL

Faida Amur Sultan was found liable for the illegal confiscation of Mujejende Béata and colleagues' goods, as he failed to prove their safety or provide a list, and thus must pay damages equivalent to their value. Rent reimbursement is the responsibility of Kayitesi Francoise and Kayirere Marie Grace, as the lease contract was with them. Claims for increased damages, lawyer fees, and fines were denied due to lack of evidence or partial success in the case.

Citation
RCOMAA 0032/14/CS
Parties
Appellant/defendant: Faida Amur Sultan; Respondent/plaintiff: Mujejende Béata; Respondent/plaintiff: Hatibu Sani; Respondent/plaintiff: Umutesi Mariam; Respondent/plaintiff: Rukundo Abdoulahman; Respondent/defendant/cross Appellant: Kayitesi Francoise; Respondent/defendant/cross Appellant: Kayirere Marie Grace
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
14 November 2014
Case Number
RCOMAA 0032/14/CS
Procedural Posture
Civil Appeal / Supreme Court Final Judgment
Outcome
Appeal allowed in part; cross-appeals dismissed; High Commercial Court judgment modified in part.
Legal Topics
Property Rights, Damages for Property Violation, Lease Contracts, Burden of Proof, Advocate's Fees, Execution of Judgments, Moral Damages, Liability for Confiscation of Goods
Source Language
en, rw
Property Law Contract Law Commercial Law Civil Procedure Property Rights Damages for Property Violation Lease Contracts Burden of Proof +4 more

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Parties

Faida Amur Sultan

Appellant/defendant

Mujejende Béata

Respondent/plaintiff

Hatibu Sani

Respondent/plaintiff

Umutesi Mariam

Respondent/plaintiff

Rukundo Abdoulahman

Respondent/plaintiff

Kayitesi Francoise

Respondent/defendant/cross Appellant

Kayirere Marie Grace

Respondent/defendant/cross Appellant

Procedural Posture

Civil Appeal / Supreme Court Final Judgment

Legal Issues

  1. 1 Whether Faida Amur Sultan is liable for illegal confiscation of goods and resulting damages
  2. 2 Whether Faida must pay rent reimbursement, lawyer fees, and other damages to Mujejende and colleagues
  3. 3 Whether cross-appeals for increased damages, return to shop, and other claims are valid

Ratio Decidendi

Faida Amur Sultan was found liable for the illegal confiscation of Mujejende Béata and colleagues' goods, as he failed to prove their safety or provide a list, and thus must pay damages equivalent to their value. Rent reimbursement is the responsibility of Kayitesi Francoise and Kayirere Marie Grace, as the lease contract was with them. Claims for increased damages, lawyer fees, and fines were denied due to lack of evidence or partial success in the case.

Court Disposition

Appeal allowed in part; cross-appeals dismissed; High Commercial Court judgment modified in part.

Orders

  • Faida Amur Sultan to pay Mujejende Béata 7,263,000 RWF (goods), 1,452,600 RWF (loss damages), 500,000 RWF (customer loss), 700,000 RWF (case expenses/lawyer), 1,000,000 RWF (moral damages)
  • Faida Amur Sultan to pay Hatibu Sani 5,786,500 RWF (goods), 1,157,300 RWF (loss damages), 500,000 RWF (customer loss), 700,000 RWF (case expenses/lawyer), 1,000,000 RWF (moral damages)