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Rwanda decisions
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The Court of Appeal dismissed Kochaniewicz Grzegorz’s appeal as late, holding that exequatur proceedings are treated as unilateral applications with a five-working-day appeal period.
The Court of Appeal established that in criminal cases, especially defilement of minors, no excuse or justification can exonerate the accused; strict liability applies. In contract and commercial matters, failure to meet contractual deadlines without valid reason constitutes breach, entitling the other party to terminate and claim damages. In appeals, procedural compliance is mandatory, and mitigation of sentence is strictly limited to confessions made before closure of first instance proceedings. Evidence, including hearsay and testimony from minors, is admissible if corroborated. In drug ca…
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The Court of Appeal allowed the appellants to withdraw their commercial appeal, holding that withdrawal renounces the right to litigate and restores the parties to their pre-seizure positions.
The Court of Appeal dismissed an appeal over enforcement of foreign judgments, holding that a party must prove claims with evidence rather than mere assertions.
The Supreme Court held that Belgian divorce and custody judgments met Rwanda’s exequatur requirements and ordered them enforced in Rwanda.
The Court of Appeal provisionally stayed execution of a foreign judgment previously granted exequatur, finding urgency and that the underlying judgment was still being litigated abroad.
The Court of Appeal granted interim relief and suspended enforcement of the exequatur judgment pending the outcome of the related substantive proceedings.
The Court of Appeal held that provisional Belgian family orders could not be enforced in Rwanda, because exequatur requires a final foreign judgment.
The Court of Appeal held that a Canadian child-maintenance order met Rwanda’s exequatur requirements and should be enforced in Rwanda.
Uwimana Marine retains the right to claim division of jointly owned property not disclosed during divorce proceedings, even after exequatur of a foreign divorce judgment, provided the property is later discovered and she has an interest. The disputed forest land (3.6 ha) is jointly owned by Mwumvaneza Justin and Uwimana Marine and must be included in divisible matrimonial property.
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