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Civil procedure RLR V.1-2017

SN BRUSSELS v. UMWARI

The Supreme Court held that the joinder of claimants was lawful as each had paid court fees and acted individually. The Warsaw Convention governed the dispute, allowing the claimants to choose Rwandan courts and Rwandan law. The claim was not time-barred, as the applicable limitation was two years. The airline failed to prove it took all reasonable measures to avoid the harm, so it was liable for damages. The quantum of damages was increased to reflect the distress suffered, and attorney fees were awarded at the court's discretion.

  • Joinder of parties
  • Choice of law
  • International carriage by air
  • Damages
  • Force majeure
  • Appeals procedure
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