UBUSHINJACYAHA v. NZAYISINGIZA
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UBUSHINJACYAHA vs MUREKEZI N’UNDI
A deceased person lacks legal capacity to appeal; only successors may appeal, and must do so in their own names and interests. An appeal filed in the name of the deceased is inadmissible and cannot be regularized. The appeal by Irto Mattia (deceased) was not accepted for lack of capacity and standing.
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- Capacity to sue
- Succession
- Appeal procedure
- Party substitution after death
UBUSHINJACYAHA v. TUYISHIME
The appeal grounds were submitted after the statutory period without valid justification; therefore, they are inadmissible and the prior judgment stands.
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- Appeal grounds
- Timeliness of appeal
- Child sexual abuse
- Admissibility of appeal reasons
UBUSHINJACYAHA v. MUHIMPUNDU
The Court of Appeal upheld Muhimpundu’s conviction for defilement, finding the evidence reliable, but reduced his sentence from 25 to 15 years.
- Evidence in criminal cases
- Child sexual abuse
- Mitigation of sentence
- Admissibility of confessions
- Criminal-evidence
- Confession-admissibility
PYRAMIDE MINERALS SUPPLY LTD v. BUSINESS ANCHOR RWANDA LTD
The Court of Appeal held that the second appeal was inadmissible because both lower courts decided the case on the same essential grounds, so it lacked jurisdiction.
- Jurisdiction of appellate courts
- Lease agreements
- Debt recovery
- Costs and legal fees
- Appellate-jurisdiction
- Commercial-appeal
EQUITY BANK RWANDA Plc (ex COGEBANQUE Plc) v. NYIRINKWAYA
The Court of Appeal held that a settlement signed by both parties ended the commercial appeal and is binding on them, so the dispute was concluded.
- Settlement agreements
- Effect of settlement
- Standing to sue
- Assignment of debt
- Settlement-agreements
- Commercial-appeals
BOLLORE TRANSPORT AND LOGISTICS RWANDA LTD v. PRIME INSURANCE LTD
The Commercial High Court dismissed Bollore’s appeal and upheld subrogation recovery by Prime Insurance after indemnifying Horizon Logistics for cargo fire losses.
- Subrogation
- Carrier liability
- Insurance indemnity
- Contractual obligations
- Damages
- Professional negligence
UBUSHINJACYAHA vs NSABIMANA
The Court of Appeal held that NSABIMANA Marcel could be provisionally released while awaiting retrial on grounds of injustice under Article 64(2).
- Provisional release
- Retrial on grounds of injustice
- Execution of judgments
- Appeal procedure
- Provisional-release
- Retrial-on-grounds-of-injustice
UBUSHINJACYAHA vs. UWARUGIRA
The Court of Appeal found that the High Court had properly considered the mitigating circumstances and law in reducing the sentence to fifteen years, which is the statutory minimum for the aggravated offence of defilement with cohabitation. No error or abuse of discretion was found, and thus the sentence could not be further reduced.
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- Defilement
- Sexual offences against minors
- Sentencing
- Mitigating circumstances
- Appeal procedure
MUTABAZI v. THE GOVERNMENT OF RWANDA/MINADEF ET AL.
The Court of Appeal lacks jurisdiction because the damages awarded to Mutabazi Steven in the appealed judgment (FRW 31,791,476) do not meet the statutory threshold of FRW 75,000,000 required for appellate jurisdiction. Only the damages awarded to the appellant and challenged on appeal are relevant for jurisdictional assessment.
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- Appellate jurisdiction
- Damages
- Joinder of parties
- Contract termination
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