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Rwanda decisions
Decisions matching the current search
The Court of Appeal held that TATCO and Kimenyi Jean must refund FODECO the advance and USD 7,000, but rejected claims for lost-profit and distress damages.
The Supreme Court held there was no valid amicable settlement in a road-accident compensation dispute because the mandatary had only a general mandate.
The sale agreement of 25/08/2017 was not executed in the legally required form (notarial deed) and thus is null and void. Lower courts erred in ordering transfer of property based on an invalid agreement. The property remains registered to the original owners. Damages and costs are awarded to the applicants as the prevailing parties.
Source excerpt
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…
Source excerpt
The Supreme Court held that the disputed immovable property remained registered to SOPROCOGI Ltd, so Byuma Jean Claude’s review request failed.
The High Court partly allowed the appeal, reducing the enforceable debt from USD 45,000 to USD 30,000 after finding the larger acknowledgment was signed under duress.
The High Court held that an absent party’s appeal time runs from notice of judgment, not the judgment date, and set aside a mutation order made without jurisdiction.
The High Court held the appeal was timely because the appellant had been absent at trial, but set aside the lower judgment for lack of jurisdiction and dismissed the claim.
The Supreme Court upheld a loan debt against Kigali Ceramica, rejected claims that the 2016 revision was void for BNR non-compliance, and reduced the payable amount.
The High Court dismissed SONARWA GI’s appeal, upheld the damages award, and confirmed that delay damages did not apply after the settlement was abandoned in favor of litigation.
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