The court held that the settlement agreement dated 03/05/2024 between HORIZON SOPYRWA LTD and Dr Karibushi Ndengeye Blaise, duly submitted and accepted by both parties, validly terminates the appeal and is binding, thus ending the proceedings.
The court held that the notarial settlement agreement of 17/01/2022 between CODELOC Ltd and TRIPOD Logistics Ltd, which converted the debt into shares, was binding and precluded further litigation on the same debt. Since the dispute had already been resolved by a valid notarial instrument, the lower court should not have entertained the claim. The court also found that the applicants were properly notified of the proceedings. As a result, the lower court's judgment was set aside, and CODELOC Ltd was ordered to pay costs and legal fees to TRIPOD Logistics Ltd and Market Impact Ltd.
The court held that the mediation agreement signed by both parties and the mediator outside court resolved all issues in dispute and, pursuant to Article 241 of Law No 22/2018, must be enforced as written, thereby concluding the case without further proceedings.
The mediation agreement of 17/06/2022, signed by both parties and the mediator, resolves all issues submitted to the court, and under Article 241 of Law No 22/2018, such an agreement is binding and concludes the case without further proceedings.
The Court held that the letter from the National Public Prosecution Authority ordering the seizure of funds constituted an unforeseeable act of public authority (fait du prince) and force majeure, excusing Umujyi wa Kigali from liability for non-performance of the settlement agreement. Consequently, Umujyi wa Kigali was not liable for payment of compensatory or moral damages to Rwabukwisi Jean.