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Rwanda decisions
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The Court of Appeal held that late appeal grounds are inadmissible, upheld the conviction, and maintained the 20-year sentence for rape of a minor.
Appeal grounds submitted by applicant were not accepted as they were filed after the statutory deadline, and no valid justification was provided for the delay; therefore, prior judgment and sentence remain unchanged.
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The appellant and his counsel submitted the grounds of appeal after the statutory deadline, despite having access to the judgment copy in the IECMS system. As a result, the grounds of appeal are inadmissible, and the lower court's conviction and sentence remain in force.
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The Court found that the COVID-19 quarantine in Rusizi prison constituted an exceptional and unforeseen circumstance beyond the appellant's control, which justified the late filing of the appeal. Therefore, the appeal should have been admitted by the High Court, and the previous decision rejecting the appeal for lateness was set aside.
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The Court of Appeal held that the urgent commercial claim was not barred as a second appeal, but dismissed the appeal as late under Article 188 of Law No. 22/2018.
The appeal was filed 39 days after the judgment was uploaded to IECMS, exceeding the 30-day statutory period. The appellant failed to prove notification occurred later or that any impediment justified the delay. The appeal is inadmissible as untimely.
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The Court of Appeal held that an appeal in a commercial debt-confirmation and seizure-conversion matter had to be filed within three working days, so the appeal was out of time.
The appeal was not admissible because it was filed outside the three working day period required for appeals in urgent proceedings concerning confirmation of commercial debts and conversion of provisional seizure to execution, as stipulated by the relevant procedural law.
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The Court of Appeal held that Nyirinkindi Amiel filed his appeal out of time and dismissed it as inadmissible, awarding EDCL court costs and advocate’s fees.
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.
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