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Rwanda decisions
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The Court of Appeal dismissed SANLAM ALLIANZ GI Plc’s appeal, holding that its third-party opposition was filed out of time and could not be admitted.
Court of Appeal digest consolidating precedents on guilty pleas, confession evidence, appellate sentencing, proof, and procedural requirements.
The core binding principles are: (1) appellate courts must show, at least implicitly, that all material arguments and evidence were considered, but need not address each individually; (2) sentences cannot be increased on appeal if only the defendant appeals; (3) conspiracy to commit genocide is treated as genocide for intent and punishment; (4) accomplice liability in genocide does not require intent to destroy the group, only knowing assistance; (5) attempt liability does not apply to terrorist group membership; (6) new evidence for retrial must be truly new and material; (7) only parents or…
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The Court of Appeal upheld Niyoyita Hussein Zoubair’s dismissal, found the disciplinary claims were not time-barred, and confirmed costs against him.
The Court of Appeal dismissed Niyigena Eraste’s appeal, holding that his expropriation compensation claim was filed out of time under Law No. 32/2015.
The Court of Appeal established that convictions cannot be based on acts not charged in the indictment, procedural requirements for auctions and appeals are strictly statutory, sentence reductions require unequivocal guilty pleas before first instance closure, and the burden of proof and admissibility of evidence are governed by clear legal standards. Precedents are not binding if the underlying law has changed. Second appeals depend on the value or damages awarded in the prior judgment.
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The appeal was dismissed because Abunzubumwe Ltd filed its claim after the statutory limitation period, which is calculated from the date of the first administrative complaint. Subsequent complaints do not reset the limitation period. The High Court correctly rejected the claim as time-barred.
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The Court of Appeal reaffirmed that its jurisdiction in second appeals is strictly limited to cases involving lack of jurisdiction, application of non-existent or inapplicable law, or judgments rendered by unauthorized judges. Procedural errors not affecting jurisdiction or fundamental rights must be addressed through other legal remedies, not second appeals. Mitigating circumstances must be timely raised and substantiated. Contracts for immovable property require authentic form. Bankruptcy proceedings suspend most claims except secured ones. Public procurement contractors bear liability for…
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The appellant's claim to annul the auction was filed out of time, as he failed to request annulment within 10 days after the interim measure was lifted, and thus the lower courts correctly rejected the claim. The claim for surplus funds from the first auction was already adjudicated and cannot be relitigated. The appellant, having lost, must pay costs and attorney fees to the respondents.
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The Court of Appeal established that criminal convictions cannot rest solely on confessions; corroborative evidence is mandatory. Testimony from children under 14 and delayed medical reports require supporting evidence. In sexual offence cases, the birth certificate from the civil registrar is decisive for age determination. Courts retain authority to recharacterize offences on appeal. Ministerial orders interpreting laws are retroactive. Procedural compliance, including exhaustion of family council in inheritance and strict adherence to deadlines in appeals and auction challenges, is mandato…
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