TUYISENGE ET Al v. RWANDA MOTOR S.A

TUYISENGE ET Al v. RWANDA MOTOR S.A

When the object of a judgment is no longer in existence and cannot be delivered, the beneficiary is entitled to compensation in money at the current value of the object, not merely the original purchase price. Damages for deprivation of use are awarded at the court's discretion, but interest as claimed is not justified.

Citation
RLR V.4-2020
Parties
Applicant: Tuyisenge Zabuloni; Applicant: Uzabumwana Dorothée; Respondent: Rwanda Motor S.A
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
22 February 2020
Case Number
RS/REV/INJUST/RC 00041/2017/SC
Procedural Posture
Civil / Supreme Court Review Due to Injustice
Outcome
applicants' claim allowed; previous judgment quashed; compensation and damages awarded
Legal Topics
Judgment Enforcement, Compensation for Non Delivery, Review Due to Injustice
Source Language
en
Civil Procedure Contract Law Judgment Enforcement Compensation for Non Delivery Review Due to Injustice

Case Brief

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Parties

Tuyisenge Zabuloni

Applicant

Uzabumwana Dorothée

Applicant

Rwanda Motor S.A

Respondent

Procedural Posture

Civil / Supreme Court Review Due to Injustice

Legal Issues

  1. 1 Whether, when an object subject to execution no longer exists, the winning party should be given its value in money
  2. 2 Whether the applicants are entitled to interest and damages for non-delivery of the car

Ratio Decidendi

When the object of a judgment is no longer in existence and cannot be delivered, the beneficiary is entitled to compensation in money at the current value of the object, not merely the original purchase price. Damages for deprivation of use are awarded at the court's discretion, but interest as claimed is not justified.

Court Disposition

applicants' claim allowed; previous judgment quashed; compensation and damages awarded

Orders

  • Judgment RCA 0081/HC/KIG of 14/02/2011 quashed
  • Rwanda Motor S.A to pay 23,534,000 Frw to Tuyisenge Zabuloni and Uzabumwana Dorothée as compensation for the car