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Rwanda decisions
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The Court of Appeal dismissed an urgent application to halt activities on disputed land, holding that the applicant failed to prove CRBC was responsible for the alleged harm.
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.
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The Supreme Court held that the London forum selection clause was unenforceable because neither party nor the dispute had a material connection to England, and the clause was unreasonable under the circumstances. Rwandan courts had jurisdiction as the defendant resided in Rwanda and the contract was performed there. DAMCO Tanzania was entitled to the outstanding debt, contractual interest at 12% per annum, and reasonable attorney fees. Great Lakes Cement's counterclaims were dismissed for lack of merit.
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The Supreme Court held that documentary evidence proved a carriage contract, and that SORAS, having indemnified the loss, could recover from ITEX by subrogation.
SINFOTEC Sarl failed to prove force majeure for the 12-day delay; thus, OCIR-THE was entitled to deduct penalties for that period. However, OCIR-THE was not entitled to set-off amounts owed by a different company (E.I.S.) against SINFOTEC Sarl. SINFOTEC Sarl is entitled to damages for late payment on the wrongfully withheld amount, calculated at 0.1% per day for 1,753 days, plus reasonable attorney fees and costs. Claims for additional damages based on tort or for bank charges were rejected as not contractually or legally justified.
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