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Rwanda decisions
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The Court of Appeal dismissed Rwanda Trading Company Ltd’s appeal, holding that the legal heir of Bigirimana Robert was not jointly liable with Rusenyi Coffee Growers Ltd.
The Court of Appeal held that Dayenu Hotel’s supplementary claim was civil and admissible, but it lacked legal basis to seek reimbursement from BRD Plc.
The Court of Appeal held that a company director is distinct from the company and cannot be sued personally for company debts arising from company contracts.
The Supreme Court held that the disputed transaction was a share sale, not an asset sale, so the taxpayer was not liable for the VAT assessed by RRA.
The Supreme Court held that the transaction was a sale of shares by TOTAL OUTRE MER to ENGEN INTERNATIONAL HOLDINGS (Mauritius) Ltd, not a sale of company assets by TOTAL RWANDA S.A.R.L. The company’s assets remained with the company, and no evidence was provided by RRA to prove an asset sale. Therefore, ENGEN RWANDA Ltd is not liable for VAT or corporate income tax on the share transfer.
Source excerpt
The Supreme Court held that enforcement could proceed against a joint venture member and dismissed the applicant’s challenge, awarding damages for delay.
The Supreme Court held that the contract was valid, finding the appellants contracted personally and that any defect could not be used to annul it after performance.
The Supreme Court held that the transaction was a share transfer, not a sale of company property, so RRA failed to prove a taxable property sale.
The Supreme Court held that the transaction was a share sale, not a sale of company assets, so RRA failed to prove a taxable asset transfer.
The Supreme Court of Rwanda rejected a leaseholder’s bad-faith claim, found no duty to guarantee a loan, and upheld unpaid rent and costs owed to the State.
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