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Rwanda decisions
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The Court of Appeal held that the signed 12/12/2013 contract fixed the bale price at USD 450, found CHAPA KAZI Ltd had overpaid, and dismissed SOMEX S.A.’s appeal.
The Court of Appeal held that a seller cannot use as security a vehicle already sold to another person without the buyer’s consent, and ordered return of the vehicle.
The Supreme Court held that a cow sold with a pre-existing hidden disease amounted to a hidden defect, so the seller had to refund the buyer and pay damages.
The Supreme Court held that defective machinery supplied under a commercial contract entitled the buyer to recover replacement costs, but not a full refund.
The sale contract between Ndamyumugabe and Gahunga was valid and transferred ownership despite lack of registration transfer. RRA was justified in seizing the vehicle until notified of the sale, but continued detention after notification was unlawful, entitling Ndamyumugabe to economic damages but not moral damages or advocate fees.
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The Supreme Court held that Ndamyumugabe Jean Claude became the owner of the vehicle upon valid sale, regardless of mutation, but contributed to the seizure by failing to notify the tax authority as required. The Rwanda Revenue Authority was justified in seizing the vehicle until notified of the sale, but was liable for damages for the period after notification. Damages were recalculated based on reasonable loss of use, and moral damages and additional attorney fees were denied due to contributory fault.
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The Supreme Court held that ownership of the vehicle transferred to Ndamyumugabe upon valid sale, regardless of mutation or notification, but his failure to notify the tax authority contributed to the seizure. The tax authority was justified in seizing the vehicle until notified of the sale, but was liable for damages for retaining it after notification. Ndamyumugabe was entitled to economic damages but not further moral damages or additional attorney fees.
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The Supreme Court of Rwanda held that it had jurisdiction, that the seller’s mandate gave standing to sue, and that the buyer failed to prove payment or bank interference.
The Supreme Court held that the truck sale agreements formed one binding debt, upheld liability for principal and interest, and refused damages not claimed at first instance.
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