The Court notes that the Prosecution, not having presented an appeal, cannot aggravate the
sentencing and consequently the Court shall maintain the work of the 1st Judge in this regard;
As to the civil interests, the plaintiffs appealed asking for the amount of 100.000$ USD as
reparation for the harm suffered, In this regard, the Court notes that in the terms of article 258
of the CiviL Code Book III “any action of a man that causes damages to another obliges him
to issue reparations”; In this case, the Court finds that the plaintiffs have suffered clear
material and moral damages issuing from the accused's behavior, who attacked their honor
and took possession of their goods as noted above, goods that need reparation ex aequo et
bono of 15.000$ USD ( fifteen thousand American Dollars) in Congolese Francs for all the
damages as a whole, for lack of an objective means of evaluation; by declaring the plaintiff's
complaint admissible and unfounded, the 1st Judge contradicted himself and consequently,
his work shall be nullified in this regard;
From all of the above, the previous judgement shall be confirmed in all its dispositions, except
in what concerns the crime of extortion and the civil interests and however, the Court
sentences the accused to paying the costs of the proceedings at the rate of 3/5, the rest being
placed under the responsibility of the Treasury and the plaintiffs.
THEREFORE
The Appeals Court of Kinshasa-Gambe, judicial section;
Ruling after a public and due hearing of all the parties;
Having heard the Prosecution in its requests;
Receives the main and subsidiary appeal filed by the accused
MOLOSSA MOHAMED and the plaintiffs NKUSU KIEMBE and MBALUKU LOTIKA and
declares them partially founded;
Thus gathered and registered at the public hearing of this day of the 20 th March 2013,
by the Appeals Court of Kishasa-Gambe, ruling on repressive measures of the second
degree, composed of the Magistrates Aimé ILUNGA TSHAMAKEJI, President of the
Chamber, PENGA PENGA and OJONGESONGO, Advisors, in the presence of NKUMU
PHANZU, Prosecutor and the assistance of KANGELA , the Court's Clerk.
The Clerk
The Advisors
The President