NYIRABATONI v GAHIMA ET AL

NYIRABATONI v GAHIMA ET AL

The offence of use of forged document is a continuing offence, with the limitation period running from the last use (2012). Nyirabatoni Elizabeth's prosecution in 2013 was within the ten-year limitation. Gahima Dembe Eduard is guilty of use of counterfeited document; Munyakarama Pierre is not guilty due to lack of evidence of use. Damages are awarded to Nyirabatoni Elizabeth against Gahima Dembe Eduard only.

Citation
RLR V.1-2022
Parties
Applicant: Nyirabatoni Elizabeth; Respondent: Gahima Dembe Eduard; Respondent: Munyakarama Pierre
Court
Court of Appeal
Jurisdiction
Rwanda
Judgment Date
8 January 2021
Case Number
RS/INJUST/RP 00001/2019/CA
Procedural Posture
Criminal Appeal (case Review Due to Injustice) / Final Judgment by Court of Appeal
Outcome
Partly in favour of applicant (review granted in part)
Legal Topics
Forgery, Use of Forged Document, Continuing Offence, Statute of Limitation, Private Prosecution, Damages
Source Language
en, rw
Criminal Law Forgery Use of Forged Document Continuing Offence Statute of Limitation Private Prosecution Damages

Case Brief

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Parties

Nyirabatoni Elizabeth

Applicant

Gahima Dembe Eduard

Respondent

Munyakarama Pierre

Respondent

Procedural Posture

Criminal Appeal (case Review Due to Injustice) / Final Judgment by Court of Appeal

Legal Issues

  1. 1 Whether the offence of use of forged document is a continuing offence and thus not time-barred
  2. 2 Whether Gahima Dembe Eduard and Munyakarama Pierre were accused and liable for use of forged document
  3. 3 Whether Nyirabatoni Elizabeth is entitled to damages

Ratio Decidendi

The offence of use of forged document is a continuing offence, with the limitation period running from the last use (2012). Nyirabatoni Elizabeth's prosecution in 2013 was within the ten-year limitation. Gahima Dembe Eduard is guilty of use of counterfeited document; Munyakarama Pierre is not guilty due to lack of evidence of use. Damages are awarded to Nyirabatoni Elizabeth against Gahima Dembe Eduard only.

Court Disposition

Partly in favour of applicant (review granted in part)

Orders

  • Gahima Dembe Eduard found guilty of use of counterfeited document
  • Gahima Dembe Eduard sentenced to five years imprisonment, suspended within one year, and fined 300,000 Rwandan francs