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Rwanda decisions
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The Court of Appeal held ZUBACX Ltd liable for delay damages, rejected the force majeure defense based on COVID-19, and reduced the award to 76,000,000 Frw.
Digest of Court of Appeal precedents from March 2024 on criminal procedure, sentencing, evidence, appeals, and selected civil and commercial rules.
The Commercial High Court held BRALIRWA liable for damage caused by its advertising sign, rejecting force majeure and partly increasing the award on appeal.
The Court held that once Merez Petroleum Ltd fully repaid the debt secured by the mortgage, Addax Energy SA was legally obliged to return the mortgaged property, regardless of the late payment or prior foreclosure steps. The counterclaim by Addax Energy SA, based on a separate transport agreement, was inadmissible as it was unrelated to the main claim. Costs and attorney fees were awarded to Merez Petroleum Ltd, not Addax Energy SA.
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The Court of Appeal rejected ECOMUJ Ltd’s second appeal as inadmissible, holding it had lost in both lower courts on the same grounds under Article 52 of Law No. 30/2018.
The Court of Appeal held ECOMUJ Ltd’s second appeal inadmissible because both lower courts dismissed it on the same grounds, and awarded costs to PRO WATER RWANDA Ltd.
The Court of Appeal held the second appeal inadmissible because the same issues had already been decided by the lower courts on the same grounds.
The Supreme Court held Kigali City liable for damage caused when a roadside tree fell on the respondent’s vehicle, rejecting force majeure and upholding most damages.
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.
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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.
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