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Rwanda decisions
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The Court of Appeal held that Covid-19 quarantine was a valid reason affecting the appeal deadline and that Bakundukize’s appeal should have been admitted.
The High Court held that the auction annulment claim was not an urgent proceeding and thus a second appeal was admissible. The property in question had been lawfully acquired by Gruner Jes Nicholas Mphazso, who was a bona fide purchaser and had improved the property. There was no evidence of fraud or collusion by Gruner. The auction was conducted without proper legal basis, as the enforcement officer failed to verify the current ownership and status of the property. Therefore, the auction was annulled and the respondent was ordered to pay costs and attorney fees.
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The Court of Appeal accepted Umazekabiri Nathan Edison’s withdrawal of the appeal and refused Mukagatana Béatrice’s request for attorney fees.
The High Court dismissed an appeal seeking insurer liability for a fatal motorcycle-cyclist accident, holding the claimants failed to prove the insured driver caused the crash.
The Court of Appeal held that Mazimpaka Christian, as respondent who did not initiate the substantive suit, lacked standing to file an urgent application before the High Court. The High Court erred in entertaining and granting such application. Accordingly, the High Court's decision was set aside as a nullity.
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The Court of Appeal allowed the appellants to withdraw their commercial appeal, holding that withdrawal renounces the right to litigate and restores the parties to their pre-seizure positions.
The Court of Appeal dismissed the defendant’s appeal and upheld her conviction for marijuana trafficking, finding the evidence sufficient despite an error in the High Court’s reasoning.
Dismissal of Muganga Eugénie while she was imprisoned and unable to inform her employer until release constitutes unlawful dismissal; employer's continued treatment of absence as misconduct after notification violates labour law.
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An appellant whose appeal was dismissed for non-appearance cannot seek reinstatement of the appeal; the only available remedy is revival, which requires showing exceptional reasons for absence. If the appellant seeks reinstatement instead of revival, the claim is inadmissible.
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Muganga Eugénie’s absence was due to lawful detention, and she notified her employer upon release. The employer’s continued treatment of her absence as job desertion and subsequent dismissal was unlawful. The law and Supreme Court precedent require suspension, not termination, in such circumstances. Damages for unlawful dismissal are warranted; claims for annual leave and work certificate are inadmissible as they were not raised in prior proceedings.
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