Rwanda Case Law

PROSECUTION v. MUTIGANDA ET AL.

Court

Court of Appeal

Case number

RPA 00103/2021/CA

The accused were properly prosecuted for membership of a terrorist group, as the RNC military wing is judicially recognized as a terrorist organization. Authorization from the Prosecutor General was not required for this offence. The offences of joining an irregular armed group and membership of a terrorist group cannot be cumulated; only the latter applies. The evidence, including admissions and corroborating statements, was sufficient to convict. The acts of the accused constituted consummated offences, not attempts, as consent to join suffices. Sentence mitigation was already applied; furt…

Source excerpt

• Terrorism
• Membership of terrorist group
• Irregular armed group
• Criminal procedure
• Attempt
• Sentence mitigation

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NIRAMIRE NKUSI vs HABUMUREMYI N’ABANDI

Court

Court of Appeal

Case number

RCAA00021/2024/CA

The Court of Appeal held that Niramire Nkusi’s second appeal was inadmissible because he had lost in both lower courts on the same essential grounds.

• Admissibility of second appeal
• Res judicata
• Land registration
• Auction sales
• Admissibility-of-second-appeal
• Land-registration

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UBUSHINJACYAHA vs MATESO

Court

Court of Appeal

Case number

RPAA 00331/2023/CA

The court found that Mateso Nepomuscène intentionally killed his wife using a machete to the face, which is a vital part of the body, and that his explanations of provocation or mistaken identity were not credible. The court held that the charge should be changed to intentional homicide, but the sentence could not be increased beyond 15 years since only the accused appealed.

Source excerpt

• Murder
• Change of charge
• Provocation
• Sentencing
• Appeal procedure

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MURORUNKWERE vs RWAGASANA

Court

Court of Appeal

Case number

RCAA 00012/2024/CA

The Court of Appeal held that Murorunkwere Jeanne’s second appeal was inadmissible because she had lost in the lower courts on the same core issue.

• Division of property
• Cohabitation
• Child custody
• Child maintenance
• Admissibility of second appeal
• Costs

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UBUSHINJACYAHA v HARERIMANA

Court

Court of Appeal

Case number

RPAA 00294/2024/CA

The Court of Appeal held that a mitigated life sentence for intentional murder cannot be reduced below 15 years, and dismissed the appeal.

• Murder
• Mitigation of sentence
• Appeals
• Criminal-law
• Sentencing

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APADEM N’ABANDI v. DEVELOPMENT BANK OF RWANDA (BRD)

Court

Court of Appeal

Case number

RCOMAA 00028/2024/CA

The Court of Appeal held APADEM’s appeal inadmissible, finding the appellants had lost in the lower courts on the same grounds, and awarded BRD costs.

• Appellate jurisdiction
• Loan agreements
• Suretyship
• Costs and attorney fees
• Appellate-jurisdiction
• Commercial-appeals

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SIMACO LTD v. MUHIRE N’UNDI

Court

Court of Appeal

Case number

RCOMAA 00100/2024/CA

The Court of Appeal held that SIMACO Ltd’s second appeal was inadmissible because it had lost in both lower courts on the same procedural ground.

• Appeals
• Auction law
• Procedural compliance
• Mortgage enforcement
• Appellate-procedure
• Commercial-law

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NYIRINKINDI v. ENERGY DEVELOPMENT CORPORATION LIMITED (EDCL)

Court

Court of Appeal

Case number

RADAA 00018/2024/CA

The Court of Appeal held that Nyirinkindi Amiel filed his appeal out of time and dismissed it as inadmissible, awarding EDCL court costs and advocate’s fees.

• Appeal deadlines
• Compensation for expropriation
• Court fees
• Timeliness of appeal
• Appeal-deadlines
• Civil-procedure

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UBUSHINJACYAHA v. HAKIZIMANA

Court

High Court

Case number

RS/REV/RP/ECON00008/2021/HC/KIG

The High Court dismissed Hakizimana John’s application to revise his criminal conviction, holding that the FECOMIRWA audit report was not new decisive evidence.

• Revision of criminal judgments
• New evidence
• Embezzlement
• Burden of proof
• Criminal-procedure
• New-evidence

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RUKUNDO v RWANDA BAR ASSOCIATION

Court

Supreme Court

Case number

RS/INJUST/RAD 00003/2022/SC

The Supreme Court held that silence on an informal appeal did not amount to acceptance and refused to order Rukundo Innocent’s admission to the Bar.

• Principle of silence means acceptance
• Admission to legal profession
• Judicial interpretation
• Procedural fairness
• Administrative-law
• Informal-appeal

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