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Rwanda decisions
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The Court of Appeal dismissed Mashimango’s appeal, upheld his conviction for membership in a terrorist organization, and confirmed the eight-year prison sentence.
The Court of Appeal upheld the conviction for intentional homicide but reduced the sentence from life imprisonment to 25 years, finding mitigation discretionary.
The Court of Appeal dismissed Nkunzurwanda’s appeal, holding that late-added appeal grounds were inadmissible and that his late admission of guilt did not warrant sentence reduction.
The court found Nzirorera Damien guilty of intentional murder, rejecting claims of provocation due to the elapsed time between the altercation and the fatal stabbing. The minimum sentence of 15 years was imposed, as mitigating factors were recognized but no further reduction is permitted by law.
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The Court of Appeal upheld Kampire Zibia’s drug-trafficking conviction but reduced Hategekimana’s conviction from trafficking to simple cannabis possession and use.
The Court of Appeal held that circumstantial evidence did not prove murder beyond reasonable doubt and acquitted Nyiransabimana Josiane.
Kabanda purchased the plot before Koperative GOBOKA mortgaged it to BRD. The High Court erred in holding the plot should remain registered to GOBOKA as collateral for BRD. The intervention by BRD was improperly granted as the mortgage was created after the sale. The appeal is allowed in all respects, restoring the prior judgment in Kabanda's favor.
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SIMACO Ltd lost in both lower courts on the same legal grounds regarding the return of mortgaged properties and denial of damages; thus, its second appeal is not within the jurisdiction of the Court of Appeal. Only four properties not auctioned are to be returned, and costs and advocate fees are awarded to the respondent.
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The court found that Ndahimana Claude did not act under legal provocation, as the alleged acts by the victim were not immediate nor proven, and that the brutality and premeditation of the murder justified the life sentence. The High Court did not err in refusing to reduce the sentence, as the mitigating factors were outweighed by the severity of the crime.
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