Rwanda Case Law

NZIZERA v. SIVILI N’ABANDI

Court

Court of Appeal

Case number

RCOMAA 00105/2022/CA

The Court of Appeal held that grounds of appeal filed by Nzizera on 06/10/2022 and 07/10/2022 were timely as they were submitted within one month after the judgment copy was uploaded to IECMS. The High Court erred in holding Nzizera's claim inadmissible on the basis of res judicata, as previous judgments did not resolve the substantive issues raised. However, Nzizera failed to provide sufficient evidence to support his substantive claims regarding misappropriation of company funds, and the request for an audit was properly denied as it was not raised at first instance. No party was awarded co…

Source excerpt

• Appeal timelines
• Shareholder rights
• Corporate governance
• Burden of proof
• Res judicata
• Court fees and costs

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NSHILI KIVU TEA FACTORY LTD (NKTF LTD) N’UNDI v KIGALI LAW CHAMBERS (KLC)

Court

Court of Appeal

Case number

RCOMAA 00003/2022/CA

The contract signed by the board chairman was binding on the companies under the indoor management rule. The fee dispute was subject to mediation before the Bar Association, but procedural defects in timing did not bar the claim since mediation was attempted and not objected to at the time. KLC Ltd was only entitled to fees for two months (8,000 USD) as it should have known of the contract repudiation after non-payment and did not render further services. No moral damages were awarded as no reputational harm was proven.

Source excerpt

• Advocate's fees
• Contract validity
• Corporate governance
• Procedural requirements for legal fee disputes
• Indoor management rule

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KAKOZA v NYAGATARE

Court

Supreme Court

Case number

RCOMAA 00056/14/CS

Registration in the company’s share register, not full payment for shares, determines shareholder status. There is no legal basis for a shareholder to unilaterally expel another shareholder; such action must follow procedures set by law or company articles. Kakoza’s expulsion of Nyagatare was unlawful, and Nyagatare retains his shareholder rights.

Source excerpt

• Shareholder rights
• Company membership
• Expulsion of shareholders
• Payment for shares
• Corporate governance

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KAKOZA v NYAGATARE

Court

Supreme Court

Case number

RCOMAA 00056/14/CS

The Supreme Court held that shareholder status depends on registration in the company register, not full payment of shares, and that one shareholder could not expel another unilaterally.

• Shareholding rights
• Expulsion of shareholders
• Company membership
• Corporate governance
• Damages in commercial disputes
• Shareholder-rights

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RWANDA RUDNIKI Ltd v. COGEBANQUE et al.

Court

Commercial High Court

Case number

RCOMA 0037/15/HCC

The Commercial High Court upheld dismissal of Rwanda Rudniki Ltd's appeal, finding preliminary objections may be considered in urgent applications and that its representative lacked standing.

• Urgent applications
• Locus standi
• Corporate governance
• Costs
• Urgent-applications
• Locus-standi

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