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Rwanda decisions
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The Court held that the minimum sentence of 15 years imprisonment for drug trafficking, as provided by the amended law, had already been applied and could not be further reduced. However, the fine could be reduced to 5,000,000 Frw in accordance with the new legal provisions. Prior case law based on repealed legal provisions was not applicable.
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The Court of Appeal reduced Maniragaba alias Félicien’s sentence for drug possession to 20 years and a 5,000,000 Frw fine, holding older repealed sentencing lines could not be relied on.
The Court of Appeal allowed Nyiringango Anastase to withdraw his suit after Jali Transport Ltd consented, leaving the prior High Court judgment in force.
Court of Appeal held the second appeal inadmissible because the applicant lost in the lower courts on the same grounds, and awarded limited costs.
The High Court found the auction was conducted on property registered to a non-debtor due to registration errors and that indemnity from a criminal case against Muhire Valens could not be executed against property awarded to Mukandinda Agnes after divorce. The auction was annulled, and parties were restored to their pre-auction positions.
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The Court of Appeal held that late appeal grounds raising new issues were inadmissible and, in any event, the appellant failed to show errors in the judgment.
The High Court dismissed the appeal, holding that severance and notice pay remain due on lawful termination for restructuring or economic reasons.
The Court of Appeal held that Trust For Sustainable Group Ltd’s second appeal was not admissible because it lost below on the same grounds and the damages awarded were below the statutory threshold.
The appellant failed to demonstrate any real urgency or irreparable harm that would result from execution of the judgment before the review application was determined. His concerns about undervaluation and inability to recover property are speculative and do not meet the legal threshold for urgent relief. The High Commercial Court did not err in dismissing the urgent application. The bailiff, having been unnecessarily joined, is entitled to partial costs and advocate's fees.
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Given that Habineza Obed committed the offense at age 20, was a first-time offender, admitted guilt, and considering the precedent of similar cases, the sentence should be further reduced to ten years' imprisonment under Article 2(b) of Law No. 059/2023.
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