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Rwanda decisions
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The Court of Appeal partially allowed the appeal, upheld invalidation of the 28/10/2021 will, added estate property, and ordered return of rental and bank funds.
Musoni Jean Claude failed to provide sufficient evidence of permanent employment with Africa Improved Foods Ltd; therefore, he was not entitled to compensation for unlawful termination, and procedural costs were awarded to Africa Improved Foods Ltd.
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The High Court held that proof of employment and a salary certificate were enough to calculate damages on actual salary, not SMIG, and dismissed SANLAM’s appeal.
The dismissal of Muhutukazi was based on a legitimate motive (removal of a parcel without authorization) and she was given an opportunity to defend herself in writing, as required by law at the time. Therefore, her dismissal was not unfair and she is not entitled to damages for unfair dismissal. Claims for extra hours and annual gratification were denied due to lack of authorization and not meeting eligibility criteria. Vested rights were not awarded as her salary was increased under a new contract. She was awarded compensation for acting as DAF and reimbursement of Social Security deduction,…
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A claimant over 16 years old with a permanent disability exceeding 30% from a motor vehicle accident is entitled to economic and permanent loss damages, calculated on the basis of the statutory minimum wage, without needing to prove actual employment or salary.
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The Court of Appeal held it lacked jurisdiction because the dispute over who should sell the mortgage was not monetarily assessable. The appeal was inadmissible.
The Court of Appeal held that a second appeal over company reorganisation was not admissible because the subject matter had no determinable monetary value.
MININTCO Ltd, as the registered trademark owner, has standing to sue for infringement. The court is not obliged to order destruction of counterfeit goods and may exercise discretion; in this case, destruction was not ordered as the goods were not sold on the market and no bad faith was proven. Damages for loss were denied due to lack of proof. Procedural and counsel fees were awarded to DOBUSJES Ltd as the unsuccessful appellant. Publication of the judgment was not ordered as unnecessary.
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The evidence submitted by Nyamaswa Ephron was not new, as it had already been produced and considered in previous proceedings and found lacking merit. He failed to prove it was impossible to obtain or present the evidence earlier. Therefore, the application for review does not meet the legal threshold under article 186(3) of Law N°21/2012.
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The Supreme Court upheld exequatur of a US divorce judgment in Rwanda, finding no proof of a defence violation or conflict with Rwandan public order.
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