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Rwanda decisions
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The sale agreement of 25/08/2017 was not executed in the legally required form (notarial deed) and thus is null and void. Lower courts erred in ordering transfer of property based on an invalid agreement. The property remains registered to the original owners. Damages and costs are awarded to the applicants as the prevailing parties.
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If an accused has already been convicted and punished for genocide, he cannot be punished again for failing to disclose the location of the victim's body, as this would constitute double jeopardy.
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The High Court held that, since there is no specific law governing damages for injuries caused by electricity accidents, damages must be determined by judicial discretion based on general principles of liability for harm caused by things under one's control. The court rejected the direct application of the presidential decree for motor vehicle accidents but used its methodology as guidance. The applicant was awarded damages reflecting his 92% permanent disability, loss of earning capacity, and related expenses, as the evidence established EUCL's liability.
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The Supreme Court held that a house’s fixtures and fittings are part of immovable property and set aside later conflicting judgments over the same property.
The Court of Appeal held that in reciprocal contracts, neither party can compel the other to perform if it has not itself performed its obligations. Since MELOHOLDINGS Ltd had already signed the fourth amendment and UMUJYI WA KIGALI refused to sign and instead prepared a new amendment, the latter's conduct constituted obstruction. Therefore, MELOHOLDINGS Ltd was not required to sign again, and UMUJYI WA KIGALI's termination of the contract was unlawful. The court affirmed the lower courts' awards for delivered goods and expected profits on the remaining part of the contract.
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The Court of Appeal held ZUBACX Ltd liable for delay damages, rejected the force majeure defense based on COVID-19, and reduced the award to 76,000,000 Frw.
The Court of Appeal reaffirmed that its jurisdiction in second appeals is strictly limited to cases involving lack of jurisdiction, application of non-existent or inapplicable law, or judgments rendered by unauthorized judges. Procedural errors not affecting jurisdiction or fundamental rights must be addressed through other legal remedies, not second appeals. Mitigating circumstances must be timely raised and substantiated. Contracts for immovable property require authentic form. Bankruptcy proceedings suspend most claims except secured ones. Public procurement contractors bear liability for…
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The Court of Appeal held that the lower court did not rely on a non-existent law and that the penalties were provided for by law, so the second appeal was inadmissible.
Court of Appeal upheld a 25-year sentence and RWF 21 million fine for heroin trafficking, holding the interpretive ministerial order applied retroactively.
The admissions of guilt by the defendants were inconsistent or made too late to qualify as mitigating factors. However, as first-time offenders with no evidence of recidivism or prior bad conduct, the trial court failed to properly consider this mitigating circumstance. Therefore, the sentences should be reduced to reflect the appropriate balance between the gravity of the offense and the opportunity for rehabilitation.
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