Innscor vs Pizza Inn, Chicken Inn case back to court
Posted Saturday, January 7 2017 at 13:14
- The Mauritian fast food dealer wants the Rwandan Commercial High Court to quash the decision of Nyarugenge Commercial Court and claims that its case was admissible and should have been heard by the court of first instance.
Pizza Inn and Chicken Inn lawyers disagree with this line of thought saying that RDB has its own procedure and requirements when dealing with its clients different from that of courts.
Raising another obstacle to the receivability of Innscor’s case, the defendants want the appeals court to order the appellant to first deposit cash security that it would satisfy the costs and damages that might arise from the case because it is a foreign company with no property in Rwanda.
This objection was raised in the court of first instance but the court did not consider it saying it was not raised within the legal timeframe.
The court has set the hearing for January 18.
If the court rules in favour of Innscor it would send the case back to the commercial court to be heard in substance.
If it confirms the decision of the lower court however, Innscor will not have any other alternative but abandon the case or start it afresh with an authentic incorporation certificate, if any.