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The Court of Appeal held that a registrar’s refusal to register a claim was provisional, and BPR Plc was liable for releasing seized funds before the process ended.
The Court of Appeal held that the letter from the National Public Prosecution Authority ordering seizure of funds was an unforeseeable act of public authority (fait du prince) and a force majeure event under the settlement agreement. Umujyi wa Kigali could not be held liable for non-payment, as it had no discretion to ignore the order and did not cause or foresee the event. Consequently, all damages and interest awarded by the High Court were set aside.
Source excerpt
The City of Kigali was prevented from performing its contractual obligation to pay Rwabukwisi Jean due to an unforeseeable administrative act (Prosecution Authority's seizure order), which constituted force majeure under the contract and law, thus exonerating it from liability for non-performance and damages.
Source excerpt
The Court of Appeal held that a Prosecution Authority letter was an administrative act amounting to force majeure, excusing the City of Kigali’s non-performance.
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