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The Court of Appeal dismissed Bizimana Papias’s appeal seeking a further sentence reduction for defilement of minors, leaving the 20-year term unchanged.
The Court of Appeal dismissed Baho International Hospital Ltd’s appeal seeking to suspend execution of a labour judgment pending revision proceedings.
The Supreme Court held that, even if the value of the property was not previously litigated, the ascertainable value of the auctioned property (shares) must be used to determine the court's jurisdiction for a second appeal. Since the value exceeded 50,000,000 Frw, the High Court, Nyanza Chamber, had jurisdiction to hear the second appeal by Daba Suppliers Ltd.
Source excerpt
The Court of Appeal held that the evidence was sufficient to uphold convictions for defilement of a minor and dismissed the appellants’ challenge.
Article 41 of Law n° 30/2018 does not contradict article 15 of the Constitution because it does not discriminate between litigants within the same category. Differentiation between categories of accused persons, based on their roles and the courts of first instance, is justified by legitimate purposes and does not amount to unconstitutional discrimination.
Source excerpt
The conviction was upheld because the combination of medical reports confirming sexual abuse and STDs in the victims, together with consistent testimonies from the children and their parents, constituted credible and sufficient evidence. The absence of DNA or direct medical evidence linking the accused did not undermine the reliability of the other evidence. The sentence of 20 years' imprisonment was found appropriate and not subject to further reduction.
Source excerpt
The Court of Appeal dismissed a second appeal by SHALOM METAL SUPPLY LTD, holding it had no jurisdiction because the alleged conciliation defect did not prove lack of jurisdiction.
The Court of Appeal held that EADECO was not defeated on the same grounds in both lower courts, so its second appeal was admissible.
The court found that Bank of Kigali Plc failed to provide indisputable evidence that Nkundimana Fidèle and Nyirarugero Dancille owed any outstanding debt under the 2013 loan agreement. The bank's own correspondence and the sequence of payments following the sale of collateral demonstrated that the debt had been fully repaid. The burden of proof was not met by the appellant, and thus the appeal was dismissed.
Source excerpt
The Court of Appeal held that Mbarushimana’s second appeal was inadmissible because he had lost on the same grounds in the lower courts.
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