KAPERE v. IYAMUREMYE

KAPERE v. IYAMUREMYE

The Supreme Court held that it is competent to review judgments rendered under case review due to injustice as provided by Organic Law Nº03/2012/OL. The masterplan of plots allocation in the custody of Rubavu District is reliable evidence of ownership. The evidence and witness statements support Iyamuremye's claim to the plot. Kapere failed to prove his claim, and as the losing party, he is liable for counsel fees and court costs.

Citation
RLR V.2-2017
Parties
Applicant: Kapere George; Respondent: Iyamuremye Mbanza Jeannot
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
5 February 2016
Case Number
RS/REV/INJUST/CIV0005/14/CS
Procedural Posture
Civil Land Dispute (case Review Due to Injustice) / Supreme Court Review of Intermediate Court Judgment
Outcome
Application for review due to injustice dismissed; claim lacks merit.
Legal Topics
Land Ownership, Case Review Due to Injustice, Evidentiary Standards, Jurisdiction of Supreme Court, Damages and Counsel Fees
Source Language
en, rw
Civil Law Land Law Procedural Law Land Ownership Case Review Due to Injustice Evidentiary Standards Jurisdiction of Supreme Court Damages and Counsel Fees

Case Brief

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Parties

Kapere George

Applicant

Iyamuremye Mbanza Jeannot

Respondent

Procedural Posture

Civil Land Dispute (case Review Due to Injustice) / Supreme Court Review of Intermediate Court Judgment

Legal Issues

  1. 1 Whether the Supreme Court is competent to review a judgment rendered under case review due to injustice
  2. 2 Whether Kapere has legal interest in the case
  3. 3 Whether the masterplan of plots allocation is reliable evidence of ownership

Ratio Decidendi

The Supreme Court held that it is competent to review judgments rendered under case review due to injustice as provided by Organic Law Nº03/2012/OL. The masterplan of plots allocation in the custody of Rubavu District is reliable evidence of ownership. The evidence and witness statements support Iyamuremye's claim to the plot. Kapere failed to prove his claim, and as the losing party, he is liable for counsel fees and court costs.

Court Disposition

Application for review due to injustice dismissed; claim lacks merit.

Orders

  • Plot Nº2129 remains registered to Iyamuremye Mbanza Jeannot.
  • Kapere George to pay Iyamuremye Mbanza Jeannot 500,000 Frw in counsel fees.