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Rwanda decisions
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The Court of Appeal held that a replacement judge in an ongoing case cannot invalidate prior rulings and remitted the appeal to the High Court for a merits hearing.
The Supreme Court partly reviewed a High Court judgment, reducing income-loss compensation to the amount proved by evidence and rejecting a refund claim.
The Supreme Court partly allowed review, ordering deregistration and re-registration of the disputed property to enable mortgage registration, but refused an order for any undetermined loan balance.
The Court held that the issuance of search warrants by the Public Prosecution, rather than the judiciary, and the conduct of searches without a warrant in specified circumstances, do not violate the cited constitutional provisions. The Court found that Rwandan law provides adequate safeguards and judicial remedies for rights violations during searches, and that the challenged statutory language is not inconsistent with the Constitution. The Court also held that requests for statutory interpretation or amendment are outside its jurisdiction in a constitutional petition.
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The Court of Appeal held that a fugitive suspect cannot join an appeal by Skype; true reappearance requires surrender to competent authorities under criminal procedure law.
The Court of Appeal held that a joint venture member may sue only for its own share, not the full joint venture debt, and dismissed Benedetta Group Ltd’s appeal.
The Supreme Court partially allowed review in a labour dispute, refusing unfair-dismissal damages but ordering Hayton Ltd to pay social security contributions and fees.
Transport services provided by SRDS Ltd in the course of distributing BRALIRWA’s products are accessory to the principal activity of distribution, which is not VAT exempt. Therefore, such transport services are not VAT exempt, regardless of licensing. Only transport services provided as a principal activity are VAT exempt under the law. The Court of Appeal’s contrary interpretation is overruled.
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The Court of Appeal held that a defendant tried in absentia must first surrender or be apprehended before being treated as present on appeal; Skype did not satisfy that requirement.
The Supreme Court held that Murangwa Edward had standing to challenge provisions of Rwanda’s investigation and criminal procedure laws, and set the case to continue.
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