UMUJYI WA KIGALI v. RWABUKWISI

UMUJYI WA KIGALI v. RWABUKWISI

The Court of Appeal held that the letter from the National Public Prosecution Authority ordering seizure of funds was an unforeseeable act of public authority (fait du prince) and a force majeure event under the settlement agreement. Umujyi wa Kigali could not be held liable for non-payment, as it had no discretion...

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 / Court of Appeal Judgment
Outcome
Appeal allowed; High Court judgment reversed in all respects.
Legal Topics
Force Majeure, Fait Du Prince, Government Acts and Contract Performance, Damages for Breach of Contract, Seizure of Assets, Public Authority Immunity
Administrative Law Contract Law Force Majeure Fait Du Prince Government Acts and Contract Performance Damages for Breach of Contract Seizure of Assets Public Authority Immunity

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Parties

UMUJYI WA KIGALI

Appellant

RWABUKWISI Jean

Respondent

Procedural Posture

Administrative Appeal / Court of Appeal Judgment

  1. 1 Whether the administrative decision (prosecutor's letter) constituted a force majeure excusing non-performance of contract by Umujyi wa Kigali
  2. 2 Whether Rwabukwisi Jean was entitled to damages for non-payment under the settlement agreement

Ratio Decidendi

The Court of Appeal held that the letter from the National Public Prosecution Authority ordering seizure of funds was an unforeseeable act of public authority (fait du prince) and a force majeure event under the settlement agreement. Umujyi wa Kigali could not be held liable for non-payment, as it had no discretion to ignore the order and did not cause or foresee the event. Consequently, all damages and interest awarded by the High Court were set aside.

Court Disposition

Appeal allowed; High Court judgment reversed in all respects.

Orders

  • The order requiring Umujyi wa Kigali to pay Rwabukwisi Jean 105,900,000 Frw and 7,280,625 Frw in damages is set aside.
  • Rwabukwisi Jean is ordered to reimburse Umujyi wa Kigali 50,000 Frw in appeal costs.