MUSHENDIMU NSANZE v. MUNYARIBANJE KAVUNJA

MUSHENDIMU NSANZE v. MUNYARIBANJE KAVUNJA

The 'acte de ceder' was not binding on Munyaribanje as he did not sign it nor authorize anyone to sign for him. Mushendimu admitted owing the money and failed to fulfill the contract, justifying the award of damages and interest. Interim execution was proper as the debt was admitted.

Citation
RCOMA 0109/14/HCC
Parties
Appellant/defendant: Mushendimu Nsanze Edmond; Respondent/plaintiff: Munyaribanje Kavunja Appolinaire
Court
Commercial High Court
Jurisdiction
Rwanda
Judgment Date
11 April 2014
Case Number
RCOMA 0109/14/HCC
Procedural Posture
Commercial Appeal / Judgment on Appeal
Outcome
appeal dismissed; judgment for respondent
Legal Topics
Validity of Contracts, Damages for Breach of Contract, Interim Execution of Judgments
Source Language
rw, en
Contract Law Commercial Law Validity of Contracts Damages for Breach of Contract Interim Execution of Judgments

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Parties

Mushendimu Nsanze Edmond

Appellant/defendant

Munyaribanje Kavunja Appolinaire

Respondent/plaintiff

Procedural Posture

Commercial Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the 'acte de ceder' was binding on Munyaribanje Kavunja Appolinaire
  2. 2 Whether Mushendimu Nsanze Edmond was liable to pay damages and interest for breach of contract
  3. 3 Whether interim execution was properly ordered

Ratio Decidendi

The 'acte de ceder' was not binding on Munyaribanje as he did not sign it nor authorize anyone to sign for him. Mushendimu admitted owing the money and failed to fulfill the contract, justifying the award of damages and interest. Interim execution was proper as the debt was admitted.

Court Disposition

appeal dismissed; judgment for respondent

Orders

  • Mushendimu Nsanze Edmond to pay Munyaribanje Kavunja Appolinaire 1,360,260 RWF as interest within 15 days, enforceable by seizure if unpaid.
  • Mushendimu Nsanze Edmond to pay Munyaribanje Kavunja Appolinaire 400,000 RWF as appellate legal fees within 15 days, enforceable by seizure if unpaid.