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The Court of Appeal held that NPD Ltd owed GCC Engineering Ltd 129,096,855 Frw for completed construction works, plus late-payment interest and costs.
The Court of Appeal held that NPD Ltd owed GCC Engineering Ltd 129,096,855 Frw plus late-payment interest, and set aside the lower appellate judgment.
NPD Ltd is liable to pay GCC Engineering Ltd the outstanding contractual debt of 129,096,855 Frw for construction works, plus interest for late payment calculated at the average lending rate (10%) for one year and eight months, as NPD Ltd failed to prove any overpayment or counterclaim. Additional damages for economic loss and moral prejudice were denied as not sufficiently substantiated or previously pleaded. Legal costs are awarded to GCC Engineering Ltd as the prevailing party.
Source excerpt
The Court of Appeal held that Burera District had already fully paid what it owed under the TVET Rusarabuye construction contract and dismissed Niyonzima Théogène’s appeal.
The Court of Appeal held that the insurer was not liable because the 60,000,000 Frw advance was used for construction as intended, so the claim failed.
The Court of Appeal held that the insurer was not liable on the advance payment guarantee because misuse of the 60,000,000 Frw advance was not proven.
The Court of Appeal held that the advance payment was used for construction work, so the insurer was not liable under the guarantee. The appeal failed, but costs were adjusted.
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