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The Court of Appeal struck out ZJ Construction’s appeal after it failed to appear without valid reason, and awarded costs to the respondent and interveners.
The Court of Appeal held that a second appeal was inadmissible because the impugned materials were public documents, not new evidence requiring reopening of hearings.
The Court of Appeal held that the second appeal was inadmissible because both lower courts decided the case on the same essential grounds, so it lacked jurisdiction.
The Court of Appeal held that fair compensation in expropriation cases must be based on the market value of the property at the time of compensation, as determined by a balanced assessment of all expert reports. The court found no error in the High Court's reliance on the respondent's valuation for the land and MINADEF's valuation for the building, and upheld the award of costs and legal fees due to MINADEF's conduct and the lack of merit in its appeal.
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The Court of Appeal held that fair compensation in public interest expropriation must be based on the market value as determined by a balanced assessment of all expert reports, giving weight to the court-appointed experts’ report when neither party successfully challenges it. The government’s appeal was dismissed as it failed to show that the lower court erred in its valuation or in awarding costs and expert fees.
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Compensation for expropriation must be calculated based on the current market value and designated use of the property at the time of valuation, not the original purchase price or intended use by the owner. Delay damages are not awarded unless previously litigated. Legal costs and advocate fees are not awarded where both parties partially succeed and fail.
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The Intermediate Court of Nyarugenge erred in transferring the case to the Intermediate Court of Gasabo; it should have only ruled on its own jurisdiction. Claims for costs and legal fees must be determined together with the merits in the competent court, not in this interlocutory appeal.
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Benedetta Group Ltd was only authorized to represent the joint venture in contract execution, not to sue in its own name for the entire joint venture's claim. The contract and legal provisions require that claims for the joint venture be brought by all constituent companies or in the joint venture's name. Benedetta Group Ltd lacked standing to sue for the full debt, and its appeal was dismissed.
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Kasese Distillers Ltd was found to be the true owner of the goods based on documentary and circumstantial evidence, despite the absence of a written contract. As owner, it is liable for the taxes and penalties imposed on New Kigali Business Services Ltd when the goods went missing, since theft was not proven. New Kigali Business Services Ltd is entitled to reimbursement of these amounts, a modest sum for moral damages due to reputational harm, and legal costs. The Rwanda Revenue Authority was not a party and thus not entitled to legal fees.
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The Supreme Court held that Kayirangwa Colette’s application to set aside a default commercial judgment was filed out of time and dismissed her appeal.
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