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Rwanda decisions
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The Court of Appeal held that the second appeal was inadmissible because the appellants had lost in both lower courts on the same legal grounds.
The Court of Appeal dismissed Rwanda Trading Company Ltd’s appeal, holding that the legal heir of Bigirimana Robert was not jointly liable with Rusenyi Coffee Growers Ltd.
The Supreme Court held that piercing the corporate veil did not apply and upheld the award of 8,600,000 Frw to Umubyeyi Marie Claire, with limited costs.
The Supreme Court held that a caveat on a shareholder’s personal property for company tax debts was unlawful without a court ruling on personal liability.
The Supreme Court held that RRA could not seize shareholders’ property for company tax debts without a prior judicial decision establishing liability.
The Supreme Court annulled the seizure of Twagiramungu Vénuste’s assets for Calibre Engeneering Ltd’s tax debt, holding that personal liability had not been judicially established.
The Supreme Court held that the transaction was a sale of shares by TOTAL OUTRE MER to ENGEN INTERNATIONAL HOLDINGS (Mauritius) Ltd, not a sale of company assets by TOTAL RWANDA S.A.R.L. The company’s assets remained with the company, and no evidence was provided by RRA to prove an asset sale. Therefore, ENGEN RWANDA Ltd is not liable for VAT or corporate income tax on the share transfer.
Source excerpt
The High Court held Dalbit Petroleum Kenya liable with its Kigali subsidiary for the loan debt, awarded contractual interest, and rejected liability of third parties.
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