Rwanda Case Law

SANLAM v NYAMINANI

Court

High Court

Case number

RCA 00050/2022/HC/NYZ

The insurance contract between SANLAM AG Plc and the vehicle owner does not limit compensation for third party passengers injured in an accident. Compulsory third party insurance covers such passengers, and SANLAM AG Plc is solely liable for the full amount of damages awarded to Nyaminani André. The lower court correctly applied the law and relevant insurance principles, and SANLAM's appeal has no merit.

Source excerpt

• Motor vehicle accident
• Compulsory third party insurance
• Contract interpretation
• Damages for personal injury

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BHARAT V RRA

Court

Court of Appeal

Case number

RCOMAA 00023/2021/CA

The Court of Appeal upheld tax assessments against Bharat Heavy Electrical Ltd, finding no proof of a separate equipment sale outside Rwanda and awarding partial costs to RRA.

• Corporate taxation
• Withholding tax
• Vat
• Territoriality of tax
• Contract interpretation
• Tax-law

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GATSIBO DISTRICT v. V.CO LTD

Court

Supreme Court

Case number

RS/INJUST/RCOM 00007/2022/SC

The Supreme Court held that extended supervision works were payable as a new contract period, and reduced the payment and costs awarded below.

• Contract interpretation
• Additional works
• Payment obligations
• Extension of contract duration
• Damages
• Contract-interpretation

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SANLAM AG PLC v CYABAKANGA

Court

Court of Appeal

Case number

RCOMAA 00053/2020/CA

The insurer failed to prove contractual or intentional negligence by the insured, and the contract did not exclude liability for mere negligence. Compensation for destroyed equipment is limited to the insured value, and loss of chance damages are awarded at 20% of the annual expected profit for the period between the loss and judgment, as the equipment had not yet generated income.

Source excerpt

• Fire insurance
• Burden of proof
• Damages assessment
• Loss of chance
• Contract interpretation

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SOMEX S.A v CHAPA KAZI LTD

Court

Court of Appeal

Case number

RCOMAA 00041/2020/CA

The Court of Appeal held that the signed 12/12/2013 contract fixed the bale price at USD 450, found CHAPA KAZI Ltd had overpaid, and dismissed SOMEX S.A.’s appeal.

• Business cooperation agreements
• Sale of goods
• Contract interpretation
• Overpayment and restitution
• Interest on late payment
• Legal costs

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SORAS AG v IKIGO CY’IGIHUGU GISHINZWE GUTEZA IMBERE IBYOHEREZWA MU MAHANGA BIKOMOKA KU BUHINZI N’UBWOROZI (NAEB)

Court

Court of Appeal

Case number

RCOMAA 00037/2019/CA (

SORAS AG Ltd is liable to pay the outstanding advance payment guarantee to NAEB because the guarantee was unconditional and payable upon first demand, irrespective of whether the advance was used in the works. The advance payment is not considered payment for completed work but must be reimbursed as per the contract and procurement law. The surety's obligation is not extinguished by the use of the advance in the works. NAEB is entitled to partial litigation costs but not to punitive damages for being drawn into litigation.

Source excerpt

• Advance payment guarantee
• Surety obligations
• Public procurement contracts
• Contract interpretation
• Damages and costs

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SORAS AG v. NAEB

Court

Court of Appeal

Case number

RCOMAA 00037/2019/CA

The Court of Appeal held that SORAS AG Ltd had to pay the outstanding advance-payment guarantee to NAEB on first demand, regardless of work already performed.

• Advance payment guarantee
• Surety obligations
• Public procurement contracts
• Contract interpretation
• Liability of guarantor
• Advance-payment-guarantee

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CHEON KWANG DEVELOPMENT COMPANY Ltd ET AL v GOVERNMENT OF RWANDA MINAGRI

Court

Supreme Court

Case number

RCOMA0004/16/CS - RCOMA0003/2016

The Supreme Court upheld a ruling that the contract required adjudication before arbitration, so the arbitral tribunal lacked jurisdiction over the claim.

• Arbitration agreement
• Adjudication clause
• Jurisdiction of arbitration tribunal
• Contract interpretation
• Procedural law vs specific law
• Arbitration-agreement

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TIGO RWANDA Ltd v. FIFO COMPANY Ltd

Court

Commercial High Court

Case number

RCOMA 00435/2016/CHC/HCC

The Commercial High Court refused TIGO Rwanda’s request to set aside an arbitral award, holding it had waived its language objection by proceeding without protest.

• Setting aside arbitral awards
• Contract interpretation
• Language of proceedings
• Costs and indemnities
• Arbitration-award-setting-aside
• Arbitration-language

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BINAMUNGU v. NATIONAL POST OFFICE (ONP)

Court

Supreme Court

Case number

RDA 0042/13/CS

The Supreme Court held that Binamungu’s works were original and protected, and that the National Post Office infringed copyright by reproducing and modifying them without authorization.

• Copyright infringement
• Damages
• Contract interpretation
• Counsel fees
• Copyright-infringement
• Originality

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