UBUSHINJACYAHA v. MAYOBERE_kn

UBUSHINJACYAHA v. MAYOBERE_kn

The Supreme Court held it lacked jurisdiction over the second appeal because the sentence was below ten years and the lower courts had jurisdiction and applied the correct law, as the last use of the forged document occurred in 2013, making the 2012 Penal Code applicable and the offence not time-barred.

Citation
RLR V.1-2019
Parties
Prosecution: Ubushinjacyaha; Accused: Mayobere Jean Baptiste; Civil Claimant: Samvura Joseph
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
18 May 2018
Case Number
RPAA0067/15/CS
Procedural Posture
Criminal Appeal / Second Appeal to Supreme Court
Outcome
Appeal dismissed for lack of jurisdiction
Legal Topics
Forgery, Use of Forged Documents, Limitation Period, Jurisdiction, Retroactive Application of Law
Source Language
en, rw
Criminal Law Criminal Procedure Forgery Use of Forged Documents Limitation Period Jurisdiction Retroactive Application of Law

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Parties

Ubushinjacyaha

Prosecution

Mayobere Jean Baptiste

Accused

Samvura Joseph

Civil Claimant

Procedural Posture

Criminal Appeal / Second Appeal to Supreme Court

Legal Issues

  1. 1 Whether the Supreme Court had jurisdiction over the second appeal
  2. 2 Whether the High Court applied the correct law in convicting the accused
  3. 3 Whether the offence was time-barred

Ratio Decidendi

The Supreme Court held it lacked jurisdiction over the second appeal because the sentence was below ten years and the lower courts had jurisdiction and applied the correct law, as the last use of the forged document occurred in 2013, making the 2012 Penal Code applicable and the offence not time-barred.

Court Disposition

Appeal dismissed for lack of jurisdiction

Orders

  • The decision of the High Court, Musanze Chamber, in case RPA0181/14/HC/MUS of 27/02/2015 remains unchanged.
  • Mayobere Jean Baptiste is ordered to pay the costs of this appeal.