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Rwanda decisions
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The Court of Appeal dismissed Baho International Hospital Ltd’s appeal seeking to suspend execution of a labour judgment pending revision proceedings.
The Court of Appeal held that the provisional execution ordered by the High Commercial Court was lawful because TRAFIPRO Ltd expressly admitted in court to owing 24,221,533 Frw for improvements made by Michael FIETZEK, which constitutes a debt under Article 237 of Law No 22/2018. The subject matter was not immovable property but the value of improvements, and thus the requirements for provisional execution were met. The appeal by TRAFIPRO Ltd lacked merit and was dismissed.
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The Court of Appeal held that a Prosecution Authority letter was an administrative act amounting to force majeure, excusing the City of Kigali’s non-performance.
The Supreme Court dismissed ARPEQ’s request to suspend provisional execution, holding that the acknowledged debt justified execution of part of the judgment.
The Supreme Court held that only interests clearly stipulated in the contract and properly explained are awardable; unexplained or new claims for interest at appeal are not. Procedural and advocate fees are granted to the winning party. Provisional execution is denied as the debt was disputed and the contract did not provide for it. Grace period extension was denied for lack of evidence. KALISA and KANTENGWA are jointly liable to pay the principal, contractual and default interests, and procedural fees, less the amount already paid.
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The Commercial High Court held that an unsigned transfer deed did not bind the respondent, upheld liability for breach of contract, and confirmed provisional execution.
The Commercial High Court upheld liability for breach of contract, rejected a force-majeure defence, found no proof of timely payment, and confirmed provisional execution.
The Supreme Court held that provisional execution was lawful on the admitted debt and that ARPEQ had not shown legal grounds to stay execution.
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