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Rwanda decisions
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The High Court of Rwanda allowed RWB’s appeal, holding that only 518,958 FRW was lawfully garnished and that 1,687,618 FRW for employee wages was not garnishable.
Exclusion of Maxwell Ltd and Mpagazehe Robert from public tenders was unlawful because the forged notary stamps/signatures were not required by the tender documents and did not provide an undue advantage; contract terminations by Gakenke and Gatsibo Districts were unlawful for the same reason; damages for lost profits were denied due to lack of proof, but restitution of costs and partial damages for unlawful contract termination were awarded.
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The Court of Appeal dismissed the appeal in a cannabis trafficking case, upholding the convictions and 25-year sentences for the appellants.
The Supreme Court partly allowed Karangwa John’s review application, awarding unpaid salary for pre-trial detention, work-certificate compensation, and costs.
There is a conflict between judgments RC 0140/07/TB/NYB and RC 0846/11/TGI/NYGE as confirmed by RCAA 0010/14/CS, as they make irreconcilable decisions regarding the same property and parties, and both are final. In such a case, the later judgment (RC 0846/11/TGI/NYGE and RCAA 0010/14/CS) must be annulled due to procedural errors and violation of res judicata, and the first judgment (RC 0140/07/TB/NYB) remains valid. The Supreme Court has jurisdiction to resolve such conflicts as no other court is vested with this power under current law.
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There was no clerical error by the Court of Appeal in the description of Mugiraneza Eric's parentage in judgment No RCAA 00029/2018/CA, as the same information was used throughout all proceedings without objection or request for correction by the applicant or his counsel. Therefore, the application for rectification is unfounded.
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The Court of Appeal held that the appellants had not been tried in DRC, so ne bis in idem did not apply, and upheld their murder-complicity convictions.
The Court of Appeal held that the notarized sale prevails over an earlier private land sale, and ordered the disputed property registered to the notarized purchasers.
The court found that the documents submitted by Habimana were not new evidence within the meaning of the law, as they existed and could have been obtained and presented during the original proceedings. Furthermore, the documents were not decisive and would not have changed the outcome of the prior judgment. Therefore, the application for revision was inadmissible.
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The Court of Appeal held that the respondents provided sufficient evidence of actual dependency on the deceased, including attestations from local authorities and the cooperative where the deceased worked, corroborated by community testimony. The court found that SANLAM AG Plc failed to rebut this evidence or show that the respondents had independent means of support. The court further held that the prior courts did not err in awarding compensation, as the legal and evidentiary standards were met. The appeal was dismissed as baseless, and SANLAM AG Plc was ordered to pay costs and attorney fe…
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