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Rwanda decisions
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The Commercial Court held Kenya Airways liable for delay and related failures after a force majeure disruption, awarding damages and costs to the passenger.
The Supreme Court held that a forum selection clause choosing Antwerp courts bound the parties, so the Rwandan Commercial High Court lacked jurisdiction.
The Supreme Court found that sufficient evidence, including invoices, waybills, and police reports, established the existence of a transport contract between ITEX Sarl and TACT Ltd for the tea belonging to OCIR-THE. As SORAS Ltd, as insurer, compensated TACT Ltd for the damaged tea, it was subrogated to claim the same amount from ITEX Sarl. ITEX Sarl was liable for the loss as transporter, and SORAS Ltd was entitled to interest at the National Bank rate, as well as procedural and advocate fees.
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The Supreme Court found that sufficient documentary evidence established a transport contract between ITEX s.a.r.l and TACT Ltd for the tea of OCIR-THE, that SORAS Ltd as insurer was entitled to subrogate TACT Ltd and claim damages from ITEX s.a.r.l, and that SORAS Ltd was entitled to interest at 7% from the date of notice, as well as procedural and advocate fees.
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The Supreme Court held that documentary evidence proved a carriage contract, and that SORAS, having indemnified the loss, could recover from ITEX by subrogation.
The court dismissed Muhozi’s appeal over delayed air travel and alleged baggage loss, finding no proof the airline caused the reduced baggage weight and no liability for delay.
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.
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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.
The Supreme Court held that ATA, an East African Community company, did not owe foreign-plaintiff security; NDIGELA was liable for loss caused by its drivers.
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