MUHIRWA ET AL v. NZEYIMANA_en

MUHIRWA ET AL v. NZEYIMANA_en

The Supreme Court's competence in criminal cases is determined solely by the penalty imposed, not by the value of damages claimed or evidence presented after hearing; since no penalty was imposed on the respondent, the appeal does not fall under Supreme Court jurisdiction.

Citation
RLR V.2-2018
Parties
Appellant: Muhirwa Alexandre; Appellant: Muhorakeye Grâce; Respondent: Nzeyimana Bertin; Removed Party: Mukayisenga Cecile; Prosecutor: Prosecution
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
12 May 2017
Case Number
RPAA0002/2016/CS
Procedural Posture
Criminal Appeal / Second Appeal to Supreme Court
Outcome
appeal dismissed for lack of jurisdiction
Legal Topics
Private Prosecution, Supreme Court Jurisdiction, Breach of Trust, Forgery, Fraud, Damages
Source Language
en, rw
Criminal Law Civil Procedure Private Prosecution Supreme Court Jurisdiction Breach of Trust Forgery Fraud Damages

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Parties

Muhirwa Alexandre

Appellant

Muhorakeye Grâce

Appellant

Nzeyimana Bertin

Respondent

Mukayisenga Cecile

Removed Party

Prosecution

Prosecutor

Procedural Posture

Criminal Appeal / Second Appeal to Supreme Court

Legal Issues

  1. 1 Whether the Supreme Court has jurisdiction over the appeal filed by private prosecution when no penalty is imposed
  2. 2 Whether the value of claimed damages determines Supreme Court competence in criminal cases

Ratio Decidendi

The Supreme Court's competence in criminal cases is determined solely by the penalty imposed, not by the value of damages claimed or evidence presented after hearing; since no penalty was imposed on the respondent, the appeal does not fall under Supreme Court jurisdiction.

Court Disposition

appeal dismissed for lack of jurisdiction

Orders

  • Appellants ordered to pay court fees of 100,000Frw