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Rwanda decisions
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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 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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A Court of Appeal precedents collection summarizing criminal, civil, tax, and procedure rulings from July-August 2022, including sentencing, evidence, contracts, and appeal rules.
The Commercial High Court held that intervention is not allowed in summary proceedings. Sibomana Andre’s claim was therefore inadmissible.
The High Court held that the Primary Court had jurisdiction to hear an auction-annulment claim because the property was not mortgaged to a bank.
Mitigating circumstances, such as first-time offence and youth, allow reduction of sentence below statutory minimum or maximum for defilement of minors under 14, as the absolute bar on mitigation is unconstitutional. Acceptance of guilt is only mitigating if made unequivocally before closure of first instance trial. Courts retain discretion to determine appropriate sentence based on gravity and manner of offence. Confessions and witness statements from investigation are valid evidence unless convincingly rebutted. Testimony from victims or relatives is admissible if credible. In voided contra…
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The Court of Appeal held that an urgent request to stop an auction ordered by the Registrar General must first be filed in the Commercial Court, not the Court of Appeal.
The Court of Appeal held that a challenge to an auction must follow urgent-proceeding deadlines. CAYRIER’s second appeal was filed late and was not admitted.
Cayrier's appeal was not filed within the three-day statutory period for summary proceedings as required for auction annulment cases; therefore, the appeal was not admissible.
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The Court of Appeal held that a second appeal challenging auction annulment was filed out of time and dismissed it as inadmissible.
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