TRANSCORWA v. BCR

TRANSCORWA v. BCR

TRANSCORWA was not entitled to commercial damages as it failed to prove actual loss caused by BCR; the funds in question were transferred by mistake and properly returned. BCR was entitled to moral damages for being subjected to baseless litigation, but not to commercial damages as it failed to prove actual loss.

Citation
RCOMA 0097/10/CS
Parties
Appellant: TRANSCORWA; Respondent: BCR
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
20 July 2012
Case Number
RCOMA 0097/10/CS
Procedural Posture
Commercial Appeal / Supreme Court Judgment
Outcome
Appeal partially allowed; both appeals succeed in part.
Legal Topics
Bank Transfers, Damages, Mistaken Payments, Contractual Liability
Source Language
rw, en
Commercial Law Bank Transfers Damages Mistaken Payments Contractual Liability

Case Brief

Summary, issues, holding and outcome

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Parties

TRANSCORWA

Appellant

BCR

Respondent

Procedural Posture

Commercial Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether BCR unlawfully withheld USD 173,797 transferred to TRANSCORWA and is liable for damages
  2. 2 Whether TRANSCORWA is entitled to commercial damages for alleged loss of contract with CRS
  3. 3 Whether BCR is entitled to damages for being sued without basis

Ratio Decidendi

TRANSCORWA was not entitled to commercial damages as it failed to prove actual loss caused by BCR; the funds in question were transferred by mistake and properly returned. BCR was entitled to moral damages for being subjected to baseless litigation, but not to commercial damages as it failed to prove actual loss.

Court Disposition

Appeal partially allowed; both appeals succeed in part.

Orders

  • TRANSCORWA to pay BCR moral damages of 1,000,000 Frw.
  • TRANSCORWA to pay 4% legal interest (40,000 Frw) if not paid within one month, to be recovered by the State.