ROAD SOLUTIONS PAVEMENT PRODUCT v MAILCO LTD

ROAD SOLUTIONS PAVEMENT PRODUCT v MAILCO LTD

Mailco Ltd was not barred from appealing to the Court of Appeal because the grounds for its losses in the lower courts were not identical. The evidence established that Mailco Ltd had paid 30,000 USD and 50,000 USD towards the contract, which must be deducted from the contractual debt. The review for injustice was not warranted as no injustice was found in the appellate judgment. The outstanding debt owed by Mailco Ltd to Road Solutions Pavement Products is 21,025 USD.

Citation
RS/INJUST/RCOM 00002/2020/SC
Parties
Applicant: Road Solutions Pavement Products; Respondent: Mailco Ltd
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
25 September 2020
Case Number
RS/INJUST/RCOM 00002/2020/SC
Procedural Posture
Commercial Contract Dispute (review for Injustice) / Supreme Court Final Judgment on Review for Injustice
Outcome
Review for injustice dismissed; appellate judgment affirmed; partial monetary award to applicant and costs to respondent.
Legal Topics
Contract Enforcement, Corporate Legal Personality, Review for Injustice, Evidence Assessment, Appellate Procedure
Source Language
rw
Commercial Law Civil Procedure Contract Enforcement Corporate Legal Personality Review for Injustice Evidence Assessment Appellate Procedure

Case Brief

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Parties

Road Solutions Pavement Products

Applicant

Mailco Ltd

Respondent

Procedural Posture

Commercial Contract Dispute (review for Injustice) / Supreme Court Final Judgment on Review for Injustice

Legal Issues

  1. 1 Whether Mailco Ltd was barred from appealing to the Court of Appeal for having lost on the same grounds in lower courts
  2. 2 Whether Mailco Ltd owes Road Solutions Pavement Products any outstanding payment under the contract
  3. 3 Whether payments of 30,000 USD and 50,000 USD should be deducted from the contractual debt

Ratio Decidendi

Mailco Ltd was not barred from appealing to the Court of Appeal because the grounds for its losses in the lower courts were not identical. The evidence established that Mailco Ltd had paid 30,000 USD and 50,000 USD towards the contract, which must be deducted from the contractual debt. The review for injustice was not warranted as no injustice was found in the appellate judgment. The outstanding debt owed by Mailco Ltd to Road Solutions Pavement Products is 21,025 USD.

Court Disposition

Review for injustice dismissed; appellate judgment affirmed; partial monetary award to applicant and costs to respondent.

Orders

  • Mailco Ltd to pay Road Solutions Pavement Products 21,025 USD.
  • Road Solutions Pavement Products to pay Mailco Ltd 800,000 Frw for costs and attorney fees.