UBUSHINJACYAHA v BASHEER N’UNDI

UBUSHINJACYAHA v BASHEER N’UNDI

The Court of Appeal found that the High Court imposed sentences and awarded damages in accordance with the law, and that the reference to a repealed provision was not the basis for the decision. Therefore, the appeal was not within the jurisdiction of the Court of Appeal.

Citation
RPAA 00167/2022/CA
Parties
Prosecution: Ubushinjacyaha; Accused: Basheer Mohammed Ghaleb; Accused: Saba Ali Chalib Ali; Civil Claimant: Haythem Ahmed Ali
Court
Court of Appeal
Jurisdiction
Rwanda
Judgment Date
28 December 2023
Case Number
RPAA 00167/2022/CA
Procedural Posture
Criminal Appeal / Second Appeal (court of Appeal)
Outcome
Appeal dismissed for lack of jurisdiction
Legal Topics
Appeals, Jurisdiction, Sentencing, Damages, Application of Repealed Law
Source Language
rw
Criminal Law Civil Procedure Appeals Jurisdiction Sentencing Damages Application of Repealed Law

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Parties

Ubushinjacyaha

Prosecution

Basheer Mohammed Ghaleb

Accused

Saba Ali Chalib Ali

Accused

Haythem Ahmed Ali

Civil Claimant

Procedural Posture

Criminal Appeal / Second Appeal (court of Appeal)

Legal Issues

  1. 1 Whether the Court of Appeal had jurisdiction to hear the appeal by Haythem Ahmed Ali regarding damages and sentencing
  2. 2 Whether the lower court's judgment was based on a repealed or non-existent law

Ratio Decidendi

The Court of Appeal found that the High Court imposed sentences and awarded damages in accordance with the law, and that the reference to a repealed provision was not the basis for the decision. Therefore, the appeal was not within the jurisdiction of the Court of Appeal.

Court Disposition

Appeal dismissed for lack of jurisdiction

Orders

  • Objection to jurisdiction upheld
  • Appeal by Haythem Ahmed Ali not admitted