MBARUSHIMANA v. UBUSHINJACYAHA
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EDCL v. CP NIYONSABA N’UNDI
The Court of Appeal held that the High Court did not err in relying on the maximum value (36,746 Frw/sqm) from the 2021 Official Gazette as determined by three independent valuers, since the Gazette values were outdated by 2023 and intended for use only for six months. The independent valuation reflected the actual market value at the time of expropriation. The Court also found no procedural error in admitting the valuers' report at the appellate stage. EDCL's appeal was dismissed as unfounded, and the compensation and legal costs awarded by the High Court were upheld.
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- Compensation for expropriation
- Valuation of immovable property
- Judicial review of compensation awards
- Procedural requirements in appeals
UBUSHINJACYAHA v UWIMANA
The accused completed the offense of armed robbery by entering the house, breaking the lock with a weapon, gathering and appropriating items, and being apprehended in the act. The fact that the stolen items were recovered does not reduce the offense to an attempt. The minimum sentence of 15 years' imprisonment is mandatory and cannot be further reduced, and confession at the appeal stage does not justify mitigation.
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- Armed robbery
- Attempted robbery
- Sentencing
- Appeal procedure
UBUSHINJACYAHA v MUHIRE
The Court of Appeal upheld Muhire’s conviction for heroin trafficking, finding the evidence showed sale, not mere personal use, and dismissed the appeal.
- Drug trafficking
- Drug possession
- Appeals
- Evidentiary standards
- Criminal-appeal
- Drug-trafficking
UBUSHINJACYAHA v NKUNDIMANA
The Court held that the sentence imposed by the High Court (15 years imprisonment and a fine of 2,000,000 Frw) is the minimum allowed by the current law for the crime of drug trafficking, and cannot be further reduced, regardless of mitigating circumstances. Previous precedents cited by the respondent are not applicable due to legislative changes.
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- Drug trafficking
- Sentencing
- Mitigation
- Appeal procedure
UBUSHINJACYAHA v HABYARIMANA
The Court of Appeal held that Habyarimana Salomon could not receive a further sentence reduction below 15 years and Frw 2,000,000 for cannabis trafficking.
- Drug trafficking
- Sentencing
- Mitigating circumstances
- Appeal procedure
- Drug-trafficking
- Mitigating-circumstances
UBUSHINJACYAHA v MUNYAMPUNDU
The Court of Appeal upheld Munyampundu Léon alias Kinihira’s genocide conviction, finding the appeal lacked merit and the 25-year sentence should stand.
- Genocide
- Evidence assessment
- Procedural fairness
- Group crimes
- Appeal procedure
- Criminal-appeal
MUSABYIMANA N’UNDI v. ECOBANK RWANDA Plc N’UNDI
The Court of Appeal dismissed an appeal against refusal to admit intervention, holding that intervention is unavailable unless the underlying case was decided on the merits and is no longer appealable.
- Intervention in proceedings
- Admissibility of claims
- Appeal procedure
- Costs and attorney fees
- Intervention-in-proceedings
- Admissibility-of-claims
PRIME LIFE INSURANCE Ltd v. NZABAHIMANA
Urukiko rw’Ikirenga rwemeye ko Prime Life Insurance Ltd irekera ikirego cyo gusubirishamo urubanza ku mpamvu z’akarengane, ikanategekwa kwishyura 1.100.000Frw y’amagarama n’igihembo cya Avoka.
- Discontinuance of claim
- Revision of judgment on grounds of injustice
- Costs and advocate fees
- Civil-procedure
- Discontinuance-of-claim
- Revision-on-grounds-of-injustice
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