KOLD v NYIRAHABIMANA

KOLD v NYIRAHABIMANA

The buyer (Nyirahabimana Emertha) failed to pay the full purchase price by the agreed date but paid over 93% of the price. The court, exercising its discretion, grants a one-month grace period to pay the outstanding balance with interest. If not paid within this period, the contract will be terminated, the property...

Source-derived case information.

Citation
RCAA 00045/2016/SC
Parties
Applicant: Kold Hansen Alexia; Respondent: Nyirahabimana Emertha; Intervener: Kold Hansen Jesper
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
15 November 2019
Case Number
RCAA 00045/2016/SC
Procedural Posture
Civil Appeal / Supreme Court Final Judgment
Outcome
Appeal partially allowed; cross-appeal dismissed; lower court decision modified in part.
Legal Topics
Sale of Immovable Property, Contract Termination, Remedies for Breach, Damages, Specific Performance
Source Language
rw
Contract Law Property Law Sale of Immovable Property Contract Termination Remedies for Breach Damages Specific Performance

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Parties

Kold Hansen Alexia

Applicant

Nyirahabimana Emertha

Respondent

Kold Hansen Jesper

Intervener

Procedural Posture

Civil Appeal / Supreme Court Final Judgment

  1. 1 What is the outstanding amount Nyirahabimana Emertha owes Kold Hansen Alexia under the sale contract?
  2. 2 Should the sale contract of 10/05/2012 between Kold Hansen Alexia and Nyirahabimana Emertha be terminated for non-payment?
  3. 3 What remedies (interest, damages, rent) are available to the parties in case of breach or termination?

Ratio Decidendi

The buyer (Nyirahabimana Emertha) failed to pay the full purchase price by the agreed date but paid over 93% of the price. The court, exercising its discretion, grants a one-month grace period to pay the outstanding balance with interest. If not paid within this period, the contract will be terminated, the property returned to the seller, and the buyer must pay rent from the date the termination claim was filed. Damages are awarded only to the extent justified and proportionate to the breach.

Court Disposition

Appeal partially allowed; cross-appeal dismissed; lower court decision modified in part.

Orders

  • Nyirahabimana Emertha must pay Kold Hansen Alexia the outstanding balance of 4,609,489 Frw within one month from the judgment date.
  • Nyirahabimana Emertha must pay interest for late payment totaling 1,638,118 Frw.