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

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

The Supreme Court found that sufficient documentary evidence established a transport contract between ITEX s.a.r.l and TACT Ltd for the tea of OCIR-THE, that SORAS Ltd as insurer was entitled to subrogate TACT Ltd and claim damages from ITEX s.a.r.l, and that SORAS Ltd was entitled to interest at 7% from the date of...

Source-derived case information.

Citation
RLR V.2 - 2015
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
Civil Appeal / Supreme Court Judgment
Outcome
Appeal allowed; judgment of Commercial High Court reversed.
Legal Topics
Transport Contract, Liability of Transporters, Insurance Subrogation, Damages, Interest on Principal, Evidence in Transport Contracts
Transport Law Contract Law Insurance Law Transport Contract Liability of Transporters Insurance Subrogation Damages Interest on Principal +1 more

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Parties

SORAS Ltd

Appellant

ITEX s.a.r.l

Respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether a contract of transport existed between ITEX s.a.r.l and TACT Ltd allowing SORAS Ltd to claim damages as subrogee
  2. 2 Whether SORAS Ltd is entitled to interest, procedural, and advocate fees

Ratio Decidendi

The Supreme Court found that sufficient documentary evidence established a transport contract between ITEX s.a.r.l and TACT Ltd for the tea of OCIR-THE, that SORAS Ltd as insurer was entitled to subrogate TACT Ltd and claim damages from ITEX s.a.r.l, and that SORAS Ltd was entitled to interest at 7% from the date of notice, as well as procedural and advocate fees.

Court Disposition

Appeal allowed; judgment of Commercial High Court reversed.

Orders

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