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Rwanda Case Law

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Commercial law RCOMAA00036/2022/CA

LETA Y’U RWANDA (MINAGRI) v. ECOBANK RWANDA Plc

The Court of Appeal held that second-appeal jurisdiction depends on damages actually awarded below, not the amount claimed by the appellant.

  • Jurisdiction of appellate courts
  • Performance guarantees
  • Advance payment guarantees
  • Calculation of damages
  • Settlement agreements
  • Procedural bars to appeal
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Public procurement RS/INJUST/RCOM 00006/2022/SC

BANQUE POPULAIRE DU RWANDA PLC v. AKARERE KA NYAMASHEKE

The Supreme Court held that while the applicable law (Article 78 of Law No. 12/2007) prescribes 1% daily interest for late payment of public procurement guarantees, the resulting sum (639,923,932 Frw) was manifestly excessive compared to the principal (19,935,235 Frw) and the actual loss. The Court exercised its discretion to reduce the interest to an amount equal to the guarantee, preventing unjust enrichment and aligning with principles of proportionality and fairness.

  • State contracts
  • Performance guarantees
  • Delay penalties
  • Interest on late payment
  • Judicial review
  • Retroactivity of law
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Contract law RCOMAA 00012/2017/SC

IGIP v MININFRA

The Supreme Court held that a supervising consultant could not claim unpaid fees or a performance guarantee without approved reports, signed invoices, and proof of acceptance.

  • Performance guarantees
  • Contractual payment claims
  • Supervision of works
  • Public procurement procedures
  • Public-procurement
  • Contract-law
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Commercial law RCOMAA 00012/2017/SC

IGIP MBH INGÉNIEURS-CONSEILS v LETA Y'U RWANDA (MININFRA)

The Supreme Court held that a supervising consultant could not recover payment or a performance guarantee without approved reports, signed invoices, or proof of acceptance.

  • Contract enforcement
  • Performance guarantees
  • Supervision of works
  • Evidence requirements in contract claims
  • Public-procurement
  • Contract-enforcement
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Contract law RCOMAA 0056/15/SC-RCOMAA 00025/2017/SC-RCOM 0003/17/CSRCOM 00004/2017/SC

RWAGASANA v BANKI YA KIGALI (BK LTD)

Both Rwagasana and Mukakimenyi are jointly liable for the principal debt and interest to BK Ltd as all relevant agreements were signed by both parties. BK Ltd acted within its rights to charge interest and fees as stipulated in the contracts, including for the performance guarantee paid on Rwagasana's behalf. However, judicial costs and attorney fees must be set by the court's discretion and not solely by contractual percentage. The expert fee is recoverable by BK Ltd as the expert performed work at the applicants' request. The applicants' claims for damages and to avoid liability are rejecte…

  • Loan agreements
  • Performance guarantees
  • Spousal liability for debt
  • Interest calculation
  • Abusive contract clauses
  • Expert fees
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Rwanda decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.