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Rwanda decisions
Decisions matching the current search
The Court of Appeal upheld Hitimana Hubert’s conviction and prison sentence, but removed compensation for land purchase losses and left only litigation costs.
The High Court recharacterized the offence from bribery to fraudulently obtaining another’s property, reduced the sentence to three years, and ordered release.
The failure to summon the civil party, Ntabahejeje Théogène, in the review proceedings constituted a procedural injustice under Article 195 of Law Nº 027/2019, vitiating the judgment. The existence of prior judgments convicting others for the same offence did not qualify as new ground for review since Uwimanihaye Pierre Celestin was aware of them during the original proceedings. The review judgment was therefore invalid, and the original conviction was sustained.
Source excerpt
The High Court held that a civil party must be summoned in review proceedings. It found injustice in the review judgment, but upheld the original conviction.
The Court of Appeal held that the Prosecution and FX Tugirane Ubumwe Mining Co Ltd failed to show reliance on a non-existent law, so their second appeal was inadmissible.
The Court of Appeal held that the land certificate for UPI 5/03/04/05/3684 was lawfully issued and could not be invalidated on witness testimony alone.
The Supreme Court found no proof that a 1997 land sale to ADEPR was signed under duress or fraud, dismissed the review request, and upheld costs against Tuyishimire.
The Supreme Court rejected Rutazibwa Alexandre’s review application, finding no proven fraud by the land authority and no admissible new evidence.
The Court of Appeal reviewed an injustice claim over a disputed land transfer, found counterfeit document offences proved, but imposed no criminal sentence because only the civil party appealed.
The Supreme Court held that in criminal cases, its jurisdiction on second appeal depends only on the penalty imposed, not the damages claimed. The appeal was dismissed for lack of jurisdiction.
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