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Rwanda Case Law

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Criminal law RS/INJUST/RP 00005/2021/CA

UBUSHINJACYAHA v KINYOGOTE

Court
Court of Appeal
Case number
RS/INJUST/RP 00005/2021/CA

Kinyogote Cyrille knowingly issued two cheques to Sekamana Gaspard, which were dishonoured due to lack of funds on the due date. The cheques were not valid as security instruments under Rwandan law. The court found that the essential elements of the offence were met, and mitigating factors justified a reduced sentence. Sekamana Gaspard was entitled to damages directly resulting from the dishonoured cheques.

Source excerpt

  • Dishonoured cheque
  • Retrial for miscarriage of justice
  • Damages in criminal proceedings
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Criminal law RS/INJUST/RP 00005/2021/CA

UBUSHINJACYAHA v. KINYOGOTE

Court
Court of Appeal
Case number
RS/INJUST/RP 00005/2021/CA

Kinyogote Cyrille knowingly issued dishonoured cheques to Sekamana Gaspard, which is criminal under Article 373(10) of Organic Law No 01/2012/OL. The cheques cannot be considered as guarantee instruments. Damages are recoverable by Sekamana Gaspard as the criminal offence is established.

Source excerpt

  • Dishonoured cheque
  • Post-dated cheque
  • Guarantee instruments
  • Criminal liability
  • Damages
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Civil law RCA 00337/2021/HC/KIG

MUJAWAMARIYA NUNDI v ECOMEM CO LTD

Court
High Court
Case number
RCA 00337/2021/HC/KIG

The High Court found that both Mujawamariya Devota and AMFM are jointly liable for the debt and damages arising from the dishonoured cheque, but reduced the awarded interest to match the principal loan agreement, holding that interest must not exceed the principal. The lower court's use of a repealed law was noted but did not affect the outcome. Moral damages were denied due to lack of prior claim. Costs were partially awarded to the appellants.

Source excerpt

  • Loan agreements
  • Dishonoured cheque
  • Damages
  • Interest calculation
  • Joint liability
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About this LexChat collection

Rwanda decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.