AQUILLA &PRISCILLA v. ENGEN N’UNDI

AQUILLA &PRISCILLA v. ENGEN N’UNDI

ENGEN and bailiff Kanyana unlawfully evicted AQUILLA from the station without a court order, entitling AQUILLA to damages. No valid contract for the claimed period was proven due to defective evidence. ENGEN must compensate AQUILLA for property not returned.

Citation
RLR V.2 - 2014
Parties
Applicant: Société AQUILLA AND PRISCILLA; Respondent: ENGEN RWANDA Ltd; Respondent: Kanyana Bibiane
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
13 December 2013
Case Number
RCOMA 0165/12/CS
Procedural Posture
Commercial Appeal / Final Judgment
Outcome
appeal partially allowed
Legal Topics
Eviction, Professional Bailiffs, Contract Evidence, Damages
Source Language
rw
Commercial Law Civil Procedure Eviction Professional Bailiffs Contract Evidence Damages

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Parties

Société AQUILLA AND PRISCILLA

Applicant

ENGEN RWANDA Ltd

Respondent

Kanyana Bibiane

Respondent

Procedural Posture

Commercial Appeal / Final Judgment

Legal Issues

  1. 1 Whether ENGEN and bailiff Kanyana unlawfully evicted AQUILLA from the station without court order
  2. 2 Whether a valid lease contract existed between AQUILLA and ENGEN for the period 18/02/2011 to 18/02/2012
  3. 3 Entitlement to damages for unlawful eviction and loss of property

Ratio Decidendi

ENGEN and bailiff Kanyana unlawfully evicted AQUILLA from the station without a court order, entitling AQUILLA to damages. No valid contract for the claimed period was proven due to defective evidence. ENGEN must compensate AQUILLA for property not returned.

Court Disposition

appeal partially allowed

Orders

  • ENGEN and Kanyana to pay AQUILLA 2,000,000 Frw for unlawful eviction
  • ENGEN to pay AQUILLA 32,870,517 Frw for property and equipment not returned