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The Supreme Court held that fraudulent procurement guarantees required termination of the contract and award, ordered return of the advance payment, and reversed prior judgments.
EADECO failed to complete the contracted works within the agreed period, with only 34% of the works completed by the contractual deadline and 50% after additional time. The delays were attributable to EADECO, not to the respondent's conduct. The evidence provided by EADECO for compensation claims was insufficient and not independently verified. The contract and law entitled Akarere ka Gatsibo to terminate the contract for delay. Therefore, the appeal lacked merit and was dismissed.
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The Court of Appeal held that EADECO breached the contract by delaying the works, upheld termination by Akarere ka Gatsibo, and dismissed EADECO’s claims.
The Court of Appeal held that second-appeal jurisdiction depends on damages actually awarded below, not the amount claimed by the appellant.
The Court of Appeal lacks jurisdiction because the damages awarded to Mutabazi Steven and appealed by him do not reach the statutory threshold of RWF 75,000,000. Only the amount awarded to the appellant and actually appealed is relevant for jurisdiction, not the aggregate of all awards to all parties.
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The Court of Appeal lacks jurisdiction because the damages awarded to Mutabazi Steven in the appealed judgment (FRW 31,791,476) do not meet the statutory threshold of FRW 75,000,000 required for appellate jurisdiction. Only the damages awarded to the appellant and challenged on appeal are relevant for jurisdictional assessment.
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Exclusion of Maxwell Ltd and Mpagazehe Robert from public tenders was unlawful because the forged notary stamps/signatures were not required by the tender documents and did not provide an undue advantage; contract terminations by Gakenke and Gatsibo Districts were unlawful for the same reason; damages for lost profits were denied due to lack of proof, but restitution of costs and partial damages for unlawful contract termination were awarded.
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The Court of Appeal reaffirmed that its jurisdiction in second appeals is strictly limited to cases involving lack of jurisdiction, application of non-existent or inapplicable law, or judgments rendered by unauthorized judges. Procedural errors not affecting jurisdiction or fundamental rights must be addressed through other legal remedies, not second appeals. Mitigating circumstances must be timely raised and substantiated. Contracts for immovable property require authentic form. Bankruptcy proceedings suspend most claims except secured ones. Public procurement contractors bear liability for…
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The Supreme Court dismissed ENGIN Ltd’s review-for-injustice application, holding that issues not raised in the original case could not be introduced on review.
The Supreme Court held that contract extensions for added supervision time created payable additional work, not a prohibited price change.
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