UBUSHINJACYAHA v. TWAGIRAYEZU

UBUSHINJACYAHA v. TWAGIRAYEZU

The Supreme Court found that the damages for actual expenses (145,000 Frw) were justified and must be paid in full. The claim for lost support was denied due to lack of evidence. Moral damages were reduced from 5,000,000 Frw to 2,000,000 Frw as the original amount was excessive. Damages must be paid jointly and severally by both convicted persons, regardless of who appealed, as the obligation is indivisible and arises from joint commission of the crime.

Citation
RPA0038/10/CS
Parties
Prosecution: Ubushinjacyaha; Appellant/accused: Twagirayezu Pontien; Co Accused: Ngendahayo Jean de Dieu; Civil Party/claimant: Ngendahimana Jean Marie Vianney
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
21 March 2014
Case Number
RPA0038/10/CS
Procedural Posture
Criminal Appeal / Supreme Court Judgment on Appeal Regarding Civil Damages
Outcome
Appeal allowed in part; damages reduced and apportioned as specified.
Legal Topics
Damages, Joint Liability, Appeal Effect, Compensation for Crime, Assessment of Damages
Source Language
rw
Criminal Law Civil Procedure Damages Joint Liability Appeal Effect Compensation for Crime Assessment of Damages

Case Brief

Summary, issues, holding and outcome

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Parties

Ubushinjacyaha

Prosecution

Twagirayezu Pontien

Appellant/accused

Ngendahayo Jean de Dieu

Co Accused

Ngendahimana Jean Marie Vianney

Civil Party/claimant

Procedural Posture

Criminal Appeal / Supreme Court Judgment on Appeal Regarding Civil Damages

Legal Issues

  1. 1 Whether the damages awarded against Twagirayezu Pontien were excessive and should be reduced; Whether damages should be apportioned between co-defendants or imposed jointly and severally; Whether the civil party was entitled to all categories of damages claimed

Ratio Decidendi

The Supreme Court found that the damages for actual expenses (145,000 Frw) were justified and must be paid in full. The claim for lost support was denied due to lack of evidence. Moral damages were reduced from 5,000,000 Frw to 2,000,000 Frw as the original amount was excessive. Damages must be paid jointly and severally by both convicted persons, regardless of who appealed, as the obligation is indivisible and arises from joint commission of the crime.

Court Disposition

Appeal allowed in part; damages reduced and apportioned as specified.

Orders

  • Twagirayezu Pontien and Ngendahayo Jean de Dieu are jointly and severally liable to pay Ngendahimana Jean Marie Vianney a total of 2,145,000 Frw in damages.
  • The prior judgment is modified as to damages only.