SELECT KALAOS Ltd vs. MUTAVUNIKA

SELECT KALAOS Ltd vs. MUTAVUNIKA

Select Kalaos Ltd failed to provide sufficient evidence for its claims against Mutavunika Arcade; Mutavunika Arcade is only entitled to late payment interest for the contract period, not beyond. Both parties' claims for additional damages are unsupported by evidence. The prior High Commercial Court judgment was set aside due to procedural unfairness, but the Commercial Court's substantive decision stands.

Citation
RS/INJUST/RCOM 00003/2023/SC
Parties
Applicant: Select Kalaos Ltd; Respondent: Mutavunika Arcade
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
18 October 2024
Case Number
RS/INJUST/RCOM 00003/2023/SC
Procedural Posture
Commercial Appeal / Supreme Court Final Judgment
Outcome
Appeal dismissed; Commercial Court judgment affirmed.
Legal Topics
Burden of Proof, Contractual Obligations, Late Payment Interest, Damages, Procedural Fairness
Source Language
rw
Commercial Law Contract Law Civil Procedure Burden of Proof Contractual Obligations Late Payment Interest Damages Procedural Fairness

Case Brief

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Parties

Select Kalaos Ltd

Applicant

Mutavunika Arcade

Respondent

Procedural Posture

Commercial Appeal / Supreme Court Final Judgment

Legal Issues

  1. 1 Whether Mutavunika Arcade owes Select Kalaos Ltd any debt
  2. 2 Whether Select Kalaos Ltd owes Mutavunika Arcade late payment interest and damages
  3. 3 Whether both parties are entitled to damages

Ratio Decidendi

Select Kalaos Ltd failed to provide sufficient evidence for its claims against Mutavunika Arcade; Mutavunika Arcade is only entitled to late payment interest for the contract period, not beyond. Both parties' claims for additional damages are unsupported by evidence. The prior High Commercial Court judgment was set aside due to procedural unfairness, but the Commercial Court's substantive decision stands.

Court Disposition

Appeal dismissed; Commercial Court judgment affirmed.

Orders

  • Select Kalaos Ltd to pay Mutavunika Arcade 37,750,381 Frw for outstanding debt.
  • Select Kalaos Ltd to pay Mutavunika Arcade 700,000 Frw for legal fees.