Expert Claims $90,000 from Orange RDC SA in Kinshasa Court

A dispute over unpaid fees has landed Orange RDC SA in court, with an expert accountant claiming $90,000 in honorariums and damages. The case was heard at the Tribunal de commerce de Gombe in Kinshasa, Democratic Republic of the Congo. According to the plaintiff's lawyer, Me Rubin Nkiesala, his client, Venant Nyundo, was appointed as an expert in February 2016 to work on the "Kin Extension" project, which involved Orange RDC SA.

Nyundo's lawyer claims that his client informed Orange RDC SA that his fees would be $10,000, which the company allegedly agreed to pay. However, after completing his work and producing an expert report, Nyundo did not receive any payment. The plaintiff is now seeking $10,000 in honorariums and $80,000 in damages from Orange RDC SA. The company's lawyer, Me Bruno Kapimbu, disputes the claim, arguing that the responsibility for paying the expert's fees lies with the Treasury.

Kapimbu cited articles 35 of the law on the organization of labor courts and 143-9 of the civil procedure code, which allegedly support the company's position. The defense also claimed that the expert's work was done without prior financing or agreement on who would cover the fees. Furthermore, Orange RDC SA is seeking $100,000 in damages from Nyundo for allegedly bringing a frivolous lawsuit.

The public prosecutor's office has weighed in on the case, recommending that the court apply article 35 of the law on labor courts. The prosecutor asked the court to declare the defendant's exception of misdirection admissible and founded. The court has taken the case under advisement and will deliver a verdict within the legal timeframe.

The case highlights the complexities of contractual agreements and payment responsibilities in the Democratic Republic of the Congo. It also underscores the importance of clear communication and agreement on fees and terms of service. The outcome of the case may have implications for similar disputes in the future.

The plaintiff's lawyer, Me Nkiesala, emphasized that his client had fulfilled his obligations and was entitled to payment. He expressed hope that the court would rule in his client's favor. The case is one of several recent disputes involving companies and experts in the Democratic Republic of the Congo.

The court's decision will likely be closely watched by companies and experts operating in the Democratic Republic of the Congo. The case may set a precedent for similar disputes in the future. The parties involved will be awaiting the court's verdict, which is expected to be delivered within the coming weeks.

Key points

• The expert accountant is claiming $90,000 in honorariums and damages from Orange RDC SA.
• The company disputes the claim, arguing that the Treasury is responsible for paying the expert's fees.
• The court's decision may have implications for similar disputes in the future.