UMUJYI WA KIGALI v. RWABUKWISI

UMUJYI WA KIGALI v. RWABUKWISI

The Court held that the letter from the National Public Prosecution Authority ordering the seizure of funds constituted an unforeseeable act of public authority (fait du prince) and force majeure, excusing Umujyi wa Kigali from liability for non-performance of the settlement agreement. Consequently, Umujyi wa Kigali...

Source-derived case information.

Citation
RLR V.2 - 2022
Parties
Appellant: Umujyi wa Kigali; Respondent: Rwabukwisi Jean
Court
Court of Appeal
Jurisdiction
Rwanda
Judgment Date
3 July 2020
Case Number
RADAA 00005/2019/CA
Procedural Posture
Administrative Appeal / Final Appellate Judgment
Outcome
appeal allowed; lower court judgment reversed
Legal Topics
Force Majeure, Fait Du Prince, Public Authority Acts, Contractual Liability, Damages, Enforcement of Settlement Agreements
Administrative Law Contract Law Force Majeure Fait Du Prince Public Authority Acts Contractual Liability Damages Enforcement of Settlement Agreements

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Parties

Umujyi wa Kigali

Appellant

Rwabukwisi Jean

Respondent

Procedural Posture

Administrative Appeal / Final Appellate Judgment

  1. 1 Whether the letter from the National Public Prosecution Authority constituted a force majeure excusing non-performance of a settlement agreement by Umujyi wa Kigali
  2. 2 Whether Rwabukwisi Jean was entitled to compensatory and moral damages

Ratio Decidendi

The Court held that the letter from the National Public Prosecution Authority ordering the seizure of funds constituted an unforeseeable act of public authority (fait du prince) and force majeure, excusing Umujyi wa Kigali from liability for non-performance of the settlement agreement. Consequently, Umujyi wa Kigali was not liable for payment of compensatory or moral damages to Rwabukwisi Jean.

Court Disposition

appeal allowed; lower court judgment reversed

Orders

  • The appeal by Umujyi wa Kigali is allowed.
  • The judgment of the High Court (RADA 00129/2018/HC/KIG) is reversed in all its parts.