UBUSHINJACYAHA vs NSENGIMANA
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The Court of Appeal accepted the applicant’s withdrawal of a criminal review application and held that the matter was concluded, with no costs ordered against him.
The Court of Appeal held that an urgent application filed by a respondent in an appeal was inadmissible because the respondent had no substantive claim before the court.
Opposition to reopen a case dismissed for non-attendance is inadmissible; only revival is permitted unless extraordinary justification is provided.
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The Court of Appeal held that Bank of Kigali Plc’s second appeal was inadmissible because it had lost on the same grounds in the lower courts.
The court held that a registered company party to a commercial lease had standing to sue COPCOM and was not required to use cooperative dispute procedures.
A Court of Appeal precedents collection summarizing criminal, civil, tax, and procedure rulings from July-August 2022, including sentencing, evidence, contracts, and appeal rules.
The Court of Appeal established binding principles on calculation of appeal deadlines, mandatory payment of withholding tax, distinction between civil and commercial acts, contract classification, recusal standards, sentencing discretion and mitigation, procedural limits on appellate arguments, modification of charges, proportionality in drug sentencing, and retroactive application of interpretive ministerial orders.
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The High Court held that suspension beyond 90 days is treated as termination with severance, not unlawful dismissal, and partly revised the lower court’s awards.
The High Court held that VMRL’s agreement with RBA was a lease, not a simple rental service, and set aside RURA’s penalty and licensing order.
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