PROSECUTION v. HAKIZIMANA_144391_en

PROSECUTION v. HAKIZIMANA_144391_en

The Supreme Court held that judgments rendered upon review, whether in civil or criminal matters, are final and not subject to appeal, as established by statutory law and prior case law. Therefore, the High Court lacked jurisdiction to entertain an appeal from such a judgment, and its decision must be quashed.

Citation
RLR V.2-2016
Parties
Appellant: Prosecution; Respondent: Hakizimana Augustin
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
11 November 2013
Case Number
RPA0002/GEN/13/CS
Procedural Posture
Criminal Appeal / Supreme Court Judgment on Appeal From High Court
Outcome
Appeal allowed; High Court judgment quashed for lack of jurisdiction.
Legal Topics
Appeal, Jurisdiction, Review of Judgments, Finality of Judgments
Source Language
en, rw
Criminal Law Criminal Procedure Appeal Jurisdiction Review of Judgments Finality of Judgments

Case Brief

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Parties

Prosecution

Appellant

Hakizimana Augustin

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether an appeal lies against a judgment rendered upon review in criminal cases
  2. 2 Whether the High Court had jurisdiction to hear an appeal from a judgment rendered upon review by the Intermediate Court

Ratio Decidendi

The Supreme Court held that judgments rendered upon review, whether in civil or criminal matters, are final and not subject to appeal, as established by statutory law and prior case law. Therefore, the High Court lacked jurisdiction to entertain an appeal from such a judgment, and its decision must be quashed.

Court Disposition

Appeal allowed; High Court judgment quashed for lack of jurisdiction.

Orders

  • The judgment RPA/GEN/0001/12/HC/KIG is invalidated.
  • Court fees to be paid by the government.