The Court of Appeal held that a Mauritian company without a permanent establishment in Rwanda was not subject to the 15% withholding tax, but interest on the refund was not due.
The Supreme Court held that Article 17 of the Warsaw Convention does not provide for damages for psychological trauma in the absence of bodily injury. Since the respondent did not prove bodily injury, no damages are awardable under the Convention.
The Supreme Court held that Rwandair was liable for the passenger’s death after the plane crash and upheld 20,000,000 Frw damages for each applicant.
Ingabire is guilty of conspiracy against established government, attempt against the Constitution through terrorism and war, genocide minimization, and knowingly spreading rumours to incite the population against government. The Supreme Court found evidence from Holland (A, D, E) inadmissible for conspiracy charges, but sufficient other evidence established guilt. The Court confirmed the right and duty of judges to reclassify crimes, found no violation of fair trial principles, and held that limitations on freedom of expression regarding genocide minimization are lawful and necessary. Mitigat…
The Supreme Court held that the joinder of claimants was lawful as each had paid court fees and acted individually. The Warsaw Convention governed the dispute, allowing the claimants to choose Rwandan courts and Rwandan law. The claim was not time-barred, as the applicable limitation was two years. The airline failed to prove it took all reasonable measures to avoid the harm, so it was liable for damages. The quantum of damages was increased to reflect the distress suffered, and attorney fees were awarded at the court's discretion.
The Supreme Court upheld jurisdiction in Rwanda, allowed the cross-appeal, rejected Belgian-law and prescription arguments, and increased damages and fees for stranded air passengers.