Disputes have always been part of human beings, and written history has it that disputes have existed since the times of “Cain and Abel” that is around c. 1600. But trust me to inform you that times have changed and societies have periodically evolved to better and modern societies. Many things have changed within our societies that even the ways of solving disputes has totally changed.

In modern societies like Rwanda, disputes are settled using the law (Rule of law). This is why when anyone or business in Rwanda is faced with any sort of dispute, the way out/ remedy is to apply the law of the land. In this case, when any person or business or organization feels that their rights or interests have been infringed or threatened, the claimant/plaintiff will notify the adverse party by serving an Intention-to-Sue Letter. In Rwanda, an Intent-to-Sue letter means a formal notification from a claimant informing the defendant about the claimant’s intention to institute/commence a lawsuit in the courts of law against the notified defendant. In this circumstance the defendant is expected to respond to the claimant.

This brings us to the golden question of how to respond to an Intent-to Sue Letter in Rwanda. Herein below, the author gives a way out to anyone served with an Intention-to-Sue Letter in Rwanda.

Most people in Rwanda can testify that t is unbearable when anyone or a business is served with an intent-to-sue letter, it is always frustrating and leaves you with unsettled mind until the matter is under control. From my professional experience as a Senior Lawyer in Rwanda and member of the East Africa Law Society, I always advise everyone to be vigilant and follow practical and general procedure rules when you are responding /preparing a rebuttal. It doesn’t matter where the intent-to-sue letter is coming from, whether from a client or creditor or employee or anyone or company trying to sue you because of any reason say unpaid debts and etc.

Contacting a lawyer for assistance. This is the best option to take whenever you are served with an intent-to-sue letter. You must remember that lawyers deal with such cases on a daily basis. Therefore, it is a lawyer that can assist you professionally to respond to an intent-sue-letter. A case in example do you know that on average a senior lawyer in Rwanda has responded to approximately over 500  intent-to-sue-letters, this makes them have adequate knowledge to solve disputes more so responding to intent-to-sue letters or even when the matter proceeds to the courts of law, but it is always advisable to avoid court when the matter can be solved or settled out of court.

Always respond as soon as possible. Most intent-to-sue letters prescribe the time they have given the defendant before the plaintiff/claimant proceeds to further action. Therefore, to ease the matter it is prudent to respond the intent-to-sue letter in time, this will help the parties know each other’s stand, and this will help them to know whether or not to proceed to court or amicably settle the dispute.

Consent or contest the allegations. As a defendant, you have the right to accept or challenge the allegations from anyone. In circumstances when you know that the allegations stated in the intent-to-sue letter are nothing but the truth, then it is wise to arrange with your legal counsel to settle the matter as soon as possible to avoid time wasting and ruining your or company’s reputation with unnecessary court proceedings. Whereas, in situations when you know that the intent-to-sue letter is baseless or frivolous, then you have the right to defend your position by proving to the claimant that they don’t have a case against you or defending your position with evidence in the courts of law

Additionally, in Rwanda the defendant can also countersue/counterclaim against the claimant or initiate a motion that the suit of the claimant is dismissed with costs. A counterclaim is any claim filed by the respondent against the claimant, seeking judgement against the claimant during the same case. A counterclaim is admissible only if it is within the jurisdiction of the court to which the principal claim is referred and has to fulfill at least one of the following: defense with respect to the principal claim or ancillary claims; judicial set-off. In Rwanda, counterclaims are expressed within the defense submissions and are not subject to payment of court fees. The court the matter is referred to decides the principal claim and the counterclaim in the same case. However, it must be appreciated that a counterclaim is not admissible if the principal claim no longer exists.

As a senior advocate we always advice clients that no matter the nature of the case they must always opt for amicable settlement because of its benefits.   When one opts for amicable settlement to solve a dispute whether as a claimant or defendant, they will benefit in the following ways: the possibilities are high that you will be certain of the results than when the matter is before the courts of law handled by a judge you have never heard of, hence, you are uncertain of the results; out of court settlements are less expensive compared to court proceedings that in most cases need one to hire lawyers; amicable settlement have reduced time pressure compared to court schedules that must be respected, causing time pressure to settle the dispute yet some or more disputes require ample time to come up with supper suitable remedies; and the claimant or defendant will be saved from unnecessary pressure of court proceedings that are most times heard in public court venues; and the defendant or claimant that opt for out of court don’t waste money on legal fees or court fees paid when the matter is filed in court.

It is known by most lawyers and some clients that whatever outcome from out of court settlement. The results are always a times better than the verdict from court, this is because for out of court settlement, parties are always directly involved and can always have a win-win outcome.

Rwanda legislators have reflected the spirit of out of court sentiment in the Rwandan laws, for example:  According to law relating to the civil, commercial, labor and administrative procedure clearly provides that: a party to a claim/the respondent has the prerogative with regard to allegations against him/her to seek amicable settlement with the respondent at any time;  and court registrar cannot register a claim if the claimant files a claim without first proving that amicable settlement, if required by law, has been undertaken and failed; and/or files a claim without demonstrating that he/she has used amicable settlement or arbitration specified in the contract”

Legal Basis

– LAW NO 22/2018 OF 29/04/2018 RELATING TO THE CIVIL, COMMERCIAL, LABOUR AND ADMINISTRATIVE PROCEDURE