Rwanda Case Law

SONARWA HOLDINGS Ltd v. MUBERANGABO

Court

Court of Appeal

Case number

RSOC 00001/2024/CA

SONARWA HOLDINGS Ltd remains a legally existing company as per the official register and thus has standing to sue. The claim was not procedurally defective as both parties were properly joined and participated. However, the prior judgment was superseded by a valid, enforceable settlement agreement between SONARWA LIFE ASSURANCE COMPANY Ltd (acting with authority from SONARWA HOLDINGS Ltd) and Muberangabo Titien, which extinguished any disputes arising from the execution of the judgment. Therefore, the applicant's claim to resolve disputes under the prior judgment lacked merit.

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• Corporate existence
• Standing to sue
• Settlement agreements
• Execution of judgments
• Procedural objections

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NZIZERA v. SIVILI N’ABANDI

Court

Court of Appeal

Case number

RCOMAA 00105/2022/CA

The Court of Appeal held that grounds of appeal filed by Nzizera on 06/10/2022 and 07/10/2022 were timely as they were submitted within one month after the judgment copy was uploaded to IECMS. The High Court erred in holding Nzizera's claim inadmissible on the basis of res judicata, as previous judgments did not resolve the substantive issues raised. However, Nzizera failed to provide sufficient evidence to support his substantive claims regarding misappropriation of company funds, and the request for an audit was properly denied as it was not raised at first instance. No party was awarded co…

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• Appeal timelines
• Shareholder rights
• Corporate governance
• Burden of proof
• Res judicata
• Court fees and costs

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NSENGIMANA v. D’OFFICE

Court

Court of Appeal

Case number

RCAA 00003/2024/CA

The Court of Appeal dismissed the appellant’s appeal for non-appearance without valid reason and left the lower court judgment in force, while awarding costs and attorney fees.

• Non-appearance of plaintiff
• Dismissal for want of prosecution
• Recognition and enforcement of foreign judgments
• Civil-procedure
• Non-appearance
• Dismissal-for-want-of-prosecution

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EMMANUEL RUKUNDO v. THE PROSECUTOR

Court

International Tribunal for Rwanda

Case number

ICTR-2001-70-A

The Appeals Chamber found that the indictment did not sufficiently plead 'committing' as a mode of liability for certain crimes, and thus set aside Rukundo's convictions for 'committing' genocide, murder, and extermination, substituting convictions for aiding and abetting those crimes. The conviction for genocide by causing serious mental harm (sexual assault of Witness CCH) was reversed due to insufficient evidence of genocidal intent. The sentence was reduced from 25 to 23 years' imprisonment to reflect the change in the mode of liability and the reversal of one conviction. All other ground…

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• Genocide
• Crimes against humanity
• Aiding and abetting
• Sexual violence
• Sentencing
• Fair trial rights

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Re MIRONKO

Court

Supreme Court

Case number

RS/INCONST/SPEC00005/2023/SC

Article 81, paragraph 2, of Law No 22/2018 is unconstitutional as it denies the accused the right to be informed of the charges, to defend themselves, and to be represented by counsel, contrary to Article 29(1)(a) of the Constitution. The absence of a hearing before summary punishment for contempt in court violates fair trial guarantees. However, paragraph 1 of Article 81 does not contravene the Constitution regarding the allocation of jurisdiction or the right to appeal, as statutory law permits the court where contempt occurs to try the offence, and the limitation on appeal from the Supreme…

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• Fair trial rights
• Contempt of court
• Judicial independence
• Right to legal representation
• Right to be informed of charges
• Right to appeal

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THE PROSECUTOR v. Emmanuel RUKUNDO

Court

International Tribunal for Rwanda

Case number

ICTR-2001-70-T

The Chamber found that Emmanuel Rukundo, acting as a priest and military chaplain, committed genocide by participating in the killing of Madame Rudahunga and causing serious bodily harm to her children and two other Tutsi civilians, and by participating in the abduction and killing of Tutsi refugees from the St. Léon Minor Seminary. The Chamber also found, by majority, that Rukundo committed genocide by sexually assaulting a young Tutsi woman, causing her serious mental harm. The Chamber found Rukundo guilty of murder as a crime against humanity for the killing of Madame Rudahunga, and guilty…

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• Genocide
• Crimes against humanity
• Murder
• Extermination
• Sexual violence
• Individual criminal responsibility

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Re MIRONKO

Court

Supreme Court

Case number

RS/INCONST/SPEC00005/2023/SC

Article 81, paragraph one, of Law no 22/2018 is not inconsistent with the Constitution regarding jurisdiction, right to appear before a competent court, right to appeal, public hearings, or prohibition of self-judging. However, Article 81, paragraph two, is inconsistent with Article 29(1)(a) of the Constitution as it denies the accused the right to be informed of the nature and cause of the charge, the right to defence, and the right to legal representation. The unconstitutional portion is declared without effect and replaced with a procedure ensuring these rights.

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• Due process
• Contempt of court
• Right to fair trial
• Judicial independence
• Public hearings
• Right to legal representation

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SHAW N’ABANDI v KAZINA (ADD)

Court

Court of Appeal

Case number

RCOMAA 00035/2024/CA

The Court of Appeal held that the respondents were not defeated on the same grounds in both lower courts, so the preliminary objection failed and the appeal was admissible.

• Jurisdiction
• Appeals
• Shareholding disputes
• Contract enforcement
• Commercial-law
• Civil-procedure

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IMIRONGO CoA - No 25 - March 2025

Court

Court of Appeal

The Court of Appeal established that in criminal cases, especially defilement of minors, no excuse or justification can exonerate the accused; strict liability applies. In contract and commercial matters, failure to meet contractual deadlines without valid reason constitutes breach, entitling the other party to terminate and claim damages. In appeals, procedural compliance is mandatory, and mitigation of sentence is strictly limited to confessions made before closure of first instance proceedings. Evidence, including hearsay and testimony from minors, is admissible if corroborated. In drug ca…

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• Sexual offences against children
• Contract breach
• Exequatur
• Appeals procedure
• Mitigation of sentence
• Evidence law

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UBUSHINJACYAHA v HABIMANA

Court

Court of Appeal

Case number

RPAA 00268/2024/CA

The appeal was dismissed because the High Court had already sufficiently reduced the sentence in accordance with the law, and there was no legal basis for further reduction or waiver of the fine. The appellate court found no error in the lower court's application of the law or discretion in sentencing.

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• Drug trafficking
• Sentencing
• Mitigating circumstances
• Appeal procedure

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