SORAS Ltd v. ITEX s.a.r.l

SORAS Ltd v. ITEX s.a.r.l

The Supreme Court found that documentary evidence (bill of lading, invoice, police report) established a contract of carriage between TACT Ltd and ITEX s.a.r.l for the transport of OCIR-THE tea. SORAS Ltd, as insurer who indemnified TACT Ltd, was subrogated to TACT Ltd's rights and entitled to recover from ITEX s.a.r.l the amount paid. ITEX s.a.r.l was liable for the loss as carrier, having failed to prove an external cause. SORAS Ltd was also entitled to interest at 7% from the date of demand, and reasonable legal costs.

Citation
RCOMA 0148/11/CS
Parties
Appellant: SORAS Ltd; Respondent: ITEX s.a.r.l
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
23 May 2014
Case Number
RCOMA 0148/11/CS
Procedural Posture
Commercial Appeal / Supreme Court Final Judgment
Outcome
appeal allowed; lower court judgment reversed
Legal Topics
Carriage of Goods, Insurance Subrogation, Contractual Damages, Interest on Damages
Source Language
rw
Commercial Law Insurance Law Transport Law Carriage of Goods Insurance Subrogation Contractual Damages Interest on Damages

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 5 Authorities cited 4 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

SORAS Ltd

Appellant

ITEX s.a.r.l

Respondent

Procedural Posture

Commercial Appeal / Supreme Court Final Judgment

Legal Issues

  1. 1 Whether there was a contract of carriage between ITEX s.a.r.l and TACT Ltd enabling SORAS Ltd to claim from ITEX s.a.r.l as subrogee
  2. 2 Whether SORAS Ltd is entitled to recover the amount paid to TACT Ltd from ITEX s.a.r.l
  3. 3 Whether SORAS Ltd is entitled to interest, legal costs, and attorney fees

Ratio Decidendi

The Supreme Court found that documentary evidence (bill of lading, invoice, police report) established a contract of carriage between TACT Ltd and ITEX s.a.r.l for the transport of OCIR-THE tea. SORAS Ltd, as insurer who indemnified TACT Ltd, was subrogated to TACT Ltd's rights and entitled to recover from ITEX s.a.r.l the amount paid. ITEX s.a.r.l was liable for the loss as carrier, having failed to prove an external cause. SORAS Ltd was also entitled to interest at 7% from the date of demand, and reasonable legal costs.

Court Disposition

appeal allowed; lower court judgment reversed

Orders

  • ITEX s.a.r.l to pay SORAS Ltd 20,700,150 Frw for the value of the damaged tea
  • ITEX s.a.r.l to pay SORAS Ltd 5,474,481 Frw as interest at 7% from 13/8/2010