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Rwanda decisions
Decisions matching the current search
By choosing to litigate in court and not raising the arbitration clause as a jurisdictional objection, both parties tacitly amended their contract and waived the right to arbitration. Therefore, the lower courts had jurisdiction, and the Court of Appeal lacks jurisdiction to entertain the second appeal.
Source excerpt
The Court of Appeal held that a late jurisdictional objection and a late cross-appeal were inadmissible, and affirmed liability for breach of a freight contract.
Appeal not admitted as parties implicitly waived arbitration by proceeding in court and not raising jurisdictional objection; Court of Appeal lacks jurisdiction as lower courts were competent by mutual agreement; procedural and lawyer fees awarded to respondents only.
Source excerpt
The Court of Appeal held that both parties had tacitly waived the arbitration clause by litigating in court without raising jurisdictional objections, and thus the lower courts had jurisdiction. The second appeal was inadmissible as the only ground advanced (lack of jurisdiction) was unfounded. Attorney fees and litigation costs were awarded to the respondents, but in reduced amounts due to lack of evidence of higher expenses.
Source excerpt
The court held that a contract clause requiring arbitration barred court proceedings, so the appeal was dismissed and the lower court’s ruling upheld.
The Court of Appeal held that the later land judgment was contradictory with earlier final commercial judgments and set it aside.
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