BAREGEYA v. UMUJYI WA KIGALI n’abandi

BAREGEYA v. UMUJYI WA KIGALI n’abandi

Buregeya failed to prove valid ownership of the disputed plot, as the evidence showed the plots he claimed (8VB and 9VB) did not correspond to the disputed plot (No. 7), and Gasarabwe had no authority to sell them. The administrative decision did not unlawfully deprive Buregeya of property, so there was no basis for compensation or annulment of the decision.

Citation
RADA0012/11/SC
Parties
Appellant: Buregeya Pascal; Respondent: Umujyi wa Kigali; Respondent: Akarere ka Gasabo; Respondent: Rukiriza Félicien
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
27 September 2013
Case Number
RADA0012/11/SC
Procedural Posture
Civil Appeal / Supreme Court Judgment
Outcome
appeal dismissed
Legal Topics
Annulment of Administrative Decision, Land Ownership, Evidence, Compensation Claims
Source Language
rw, en
Administrative Law Property Law Annulment of Administrative Decision Land Ownership Evidence Compensation Claims

Case Brief

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Parties

Buregeya Pascal

Appellant

Umujyi wa Kigali

Respondent

Akarere ka Gasabo

Respondent

Rukiriza Félicien

Respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether the lower courts ignored evidence and legal provisions showing the disputed plot belonged to Buregeya
  2. 2 Whether Buregeya is entitled to compensation for the alleged deprivation of property

Ratio Decidendi

Buregeya failed to prove valid ownership of the disputed plot, as the evidence showed the plots he claimed (8VB and 9VB) did not correspond to the disputed plot (No. 7), and Gasarabwe had no authority to sell them. The administrative decision did not unlawfully deprive Buregeya of property, so there was no basis for compensation or annulment of the decision.

Court Disposition

appeal dismissed

Orders

  • The judgment of the High Court is upheld.
  • Buregeya Pascal is ordered to pay court costs of 21,530 Frw within eight days, failing which the amount will be forcibly recovered.