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Rwanda decisions
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The Court of Appeal held that an appeal from a High Commercial Court decision on annulment of an arbitral award is not admissible and dismissed GUARDSMARK Ltd’s appeal for lack of jurisdiction.
The Court of Appeal found that the lower court did not give sufficient weight to the mitigating factors of first-time offending and the defendant's youthful age. Applying consistent sentencing as in similar cases, the sentence was reduced from 20 to 16 years imprisonment.
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The Court of Appeal dismissed Niyonizeye David’s appeal and upheld his 15-year sentence for defilement of a five-year-old child.
The Court of Appeal lacks jurisdiction to hear the second appeal because the total damages awarded by the lower courts (2,712,703 Frw) do not meet the statutory threshold of 75,000,000 Frw required by Article 52(2)(8) of Law No 30/2018. The applicant's argument that the initial claim value should control is rejected; only the amount awarded is relevant. The respondent is entitled to partial costs and attorney fees given the outcome and the statutory framework.
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The Court of Appeal lacks jurisdiction over second appeals where the damages awarded by the lower courts do not reach the statutory threshold of 75,000,000 Frw, regardless of the amount claimed by the applicant. Only the sum awarded by the lower courts is relevant for jurisdictional purposes.
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The Court of Appeal held that a first admission of guilt on second appeal cannot ground mitigation, but reduced the sentence from 25 to 13 years for proportionality.
The Court of Appeal dismissed ATX TECHNOLOGY Ltd’s appeal, holding that it had not proved an undisputed debt owed by EDCL to OIA from which payment could be claimed.
The Court of Appeal held that prior precedents based on repealed provisions cannot be followed and upheld Ngoboka Jean Claude’s 15-year prison term and fine.
The Court of Appeal upheld the conviction for drug selling but reduced the sentence from 25 years and a 20,000,000 Frw fine to 17 years and 5,000,000 Frw.
The Court of Appeal held that first-time admission of guilt on appeal is not a mitigating circumstance and upheld Baranyeretse Théoneste’s 25-year sentence and fine.
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