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Rwanda decisions
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Urukiko rw’Ubujurire rwemeje ko agaciro k’ikiburanwa ari ak’agace k’ubutaka kaburanwaga, rukanga kwakira ubujurire bwa kabiri bwa Gasana Emmanuel kubera kutuzuza imbibi z’amafaranga.
Urukiko rw’Ubujurire rwemeje ko ubujurire bwa kabiri bwa Mulisa butakiriwe, kuko yatsinzwe mu nkiko zombi zabanje hashingiwe ku mpamvu zimwe.
The Court of Appeal found the second appeal inadmissible because the appellant had already lost in the lower courts on the same ground: failure to prove the land’s origin.
The second appeal was inadmissible because the alleged errors related to non-compliance with legal provisions, not the application of a non-existent law. Such errors do not justify a second appeal under Rwandan law. The lower courts applied the law in force at the time of the offence, and any procedural irregularities should be addressed through other legal remedies, not a second appeal.
Source excerpt
The Court of Appeal held that Niramire Nkusi’s second appeal was inadmissible because he had lost in both lower courts on the same essential grounds.
The Court of Appeal held that Murorunkwere Jeanne’s second appeal was inadmissible because she had lost in the lower courts on the same core issue.
The Supreme Court held that the applicant lost in the lower courts on the same core issue—ownership of the disputed property—so the second appeal was inadmissible.
The High Court failed to provide its own reasoning and merely copied the first instance judgment verbatim without stating agreement or independent analysis. Therefore, the applicants were not dismissed on the same grounds in both courts, and the second appeal should have been admitted.
Source excerpt
The High Court held that a second appeal may be admitted where the value at stake in the appealed judgment reaches 50,000,000 RWF, even if the claim is not monetary.
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