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Rwanda Case Law

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Civil procedure

RLR V. 4- 2024

There is a conflict between judgments RC 0140/07/TB/NYB and RC 0846/11/TGI/NYGE as confirmed by RCAA 0010/14/CS, as they make irreconcilable decisions regarding the same property and parties, and both are final. In such a case, the later judgment (RC 0846/11/TGI/NYGE and RCAA 0010/14/CS) must be annulled due to procedural errors and violation of res judicata, and the first judgment (RC 0140/07/TB/NYB) remains valid. The Supreme Court has jurisdiction to resolve such conflicts as no other court is vested with this power under current law.

  • Conflict of judgments
  • Res judicata
  • Jurisdiction of supreme court
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Civil procedure RLR V.4-2024

RUTAYISIRE v MUKANKURIKIYIMANA NABANDI

The Supreme Court holds that, in the absence of explicit statutory provision, it retains jurisdiction to resolve conflicts between final judgments, including those it previously rendered, as it is the highest court and the source of binding legal guidance. The objection to its jurisdiction is unfounded and dismissed.

  • Jurisdiction of supreme court
  • Conflicting judgments
  • Finality of judgments
  • Succession disputes
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Judicial precedent

RLR V. 3-2022

The Supreme Court held that the decision in RCOMA 00350/2019/HCC could not be considered a binding precedent because the applicant failed to show that it represented a consistent line of authority or was relied upon in multiple cases. Furthermore, subsequent decisions by the same court contradicted the challenged position, indicating no settled precedent. Therefore, there was no legal basis to reverse the position under the stare decisis doctrine, and the application was dismissed.

  • Stare decisis
  • Value added tax (vat)
  • Exported services
  • Jurisdiction of supreme court
  • Interpretation of statutes
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Civil procedure

RLR-V.1-2018

The Supreme Court held that Nyarugenge District, having failed to exercise available appeal and review remedies within the prescribed time after obtaining new evidence, was barred by law from seeking review due to injustice. The Court further held that only the surviving spouse, not the succession, could continue the proceedings after the death of the original party. The President's order to register the case did not prevent the bench from examining jurisdiction and admissibility. The respondent was entitled to costs and counsel fees as the applicant's inadmissible claim forced her to incur l…

  • Death of party to proceedings
  • Succession and inheritance
  • Jurisdiction of supreme court
  • Review due to injustice
  • Expropriation
  • Abuse of process
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Civil procedure

RLR-V.3-2017

The Supreme Court has jurisdiction over the appeal by Mukarushakiro and Bagenzi because the amount in dispute exceeds the statutory threshold, and the High Court's error in citing the law's title/date does not amount to reliance on an inexistent law. Mukangenzi's appeal is inadmissible as it was lodged out of time; the attempt to use rectification to reopen the appeal period is an abuse of process and not permitted.

  • Jurisdiction of supreme court
  • Appellate procedure
  • Rectification of judgment
  • Statute of limitation
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Criminal law RLR V.2-2018

MUHIRWA ET AL v. NZEYIMANA

The Supreme Court held that only the sentence imposed determines its second-appeal jurisdiction in criminal cases, so this appeal lacked jurisdiction.

  • Jurisdiction of supreme court
  • Direct criminal complaints
  • Damages in criminal cases
  • Appeal procedure
  • Supreme-court-jurisdiction
  • Criminal-appeals
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Family law RLR V.1-2018

NSANZABERA v. BARIGANZA ET AL_en

The Supreme Court affirmed a succession ruling, held jurisdiction by the value of the subject matter, and confirmed that female heirs could inherit under Rwandan law.

  • Inheritance rights of female children
  • Jurisdiction of supreme court
  • Application of succession law
  • Descending partition
  • Equality before the law
  • Succession-law
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Family law RLR V.1-2018

NSANZABERA v. BARIGANZA N’ABANDI_kn

The Supreme Court upheld succession rights for the respondents, held that jurisdiction turned on the value of the disputed property, and dismissed the appellant’s appeal.

  • Inheritance rights of daughters
  • Jurisdiction of supreme court
  • Distribution of marital property
  • Effect of prior customary gifts on succession
  • Succession-law
  • Inheritance-rights
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Civil procedure RLR V. 2 - 2018

MUKAGATARE v. SUCCESSION BWANAKEYE

The Supreme Court held that missing an inspection report did not make Mukagatare’s review claim inadmissible and admitted the case for hearing on the merits.

  • Review of judgment
  • Admissibility of claims
  • Evidence
  • Jurisdiction of supreme court
  • Review-of-judgment
  • Admissibility-of-claims
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Civil procedure

RLR-V.3-2016

The Supreme Court held that jurisdiction depends on damages awarded by any court in the case, not only the appellate court, and rejected the jurisdictional objection.

  • Jurisdiction of supreme court
  • Material jurisdiction based on value of damages
  • Objection on lack of jurisdiction
  • Jurisdiction
  • Civil-procedure
  • Damages
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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.