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Rwanda decisions
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The High Court of Rwanda allowed RWB’s appeal, holding that only 518,958 FRW was lawfully garnished and that 1,687,618 FRW for employee wages was not garnishable.
A Court of Appeal booklet compiling Rwanda precedents on jurisdiction, bankruptcy, procurement, sentencing, evidence, and criminal procedure.
The Court of Appeal held the second appeal inadmissible: the litigated subject matter value did not establish jurisdiction, and the applicants lost below on the same grounds.
The Commercial Court has jurisdiction to compel an administrative authority to execute an arbitral award where no specific law excludes its competence, and the Permanent Secretary must be forced to intervene to ensure due process and prevent future opposition.
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The Commercial Court has jurisdiction to compel an administrative authority to execute an arbitral award where no specific law excludes its competence, and forced intervention of the Permanent Secretary is necessary to ensure all responsible parties are heard and to prevent third party opposition.
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Advance payments ('avance de démarrage') received by a contractor under a public procurement contract are not subject to VAT or income tax as they do not constitute payment for completed work and are refundable; penalties for late VAT registration must exclude such advance payments; however, FCVG Ltd failed to provide proper accounting, justifying taxation by estimation at a 21% profit margin, and evidence supported a 100% penalty for tax evasion. Legal fees are not awarded as both parties partially succeeded.
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Supreme Court in an administrative contract dispute reopened proceedings to obtain missing RBA broadcast evidence before deciding claims for payment and damages.
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