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Rwanda decisions
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The Court of Appeal partly allowed the appeal, confirming restitution of USD 80,000 and damages, but reduced the interest calculation to USD 51,291 from 13 March 2021.
The Court of Appeal upheld a commercial judgment finding Rwandan courts had jurisdiction and that the appellant failed to prove an insurer had paid the debt.
The Supreme Court held that the transport contract’s jurisdiction clause gave Antwerp courts exclusive jurisdiction, so Rwandan courts lacked jurisdiction.
The Supreme Court upheld Rwandan jurisdiction despite an exclusive London clause, and confirmed contractual interest at 12% per year with adjusted fees.
The Supreme Court held that the London forum selection clause was unenforceable because neither party nor the dispute had a material connection to England, and the clause was unreasonable under the circumstances. Rwandan courts had jurisdiction as the defendant resided in Rwanda and the contract was performed there. DAMCO Tanzania was entitled to the outstanding debt, contractual interest at 12% per annum, and reasonable attorney fees. Great Lakes Cement's counterclaims were dismissed for lack of merit.
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