MUKAMAZIMPAKA v AKARERE KA GATSIBO

MUKAMAZIMPAKA v AKARERE KA GATSIBO

The applicant is not entitled to compensation or return of land because the redistribution occurred under the 1999 national land sharing policy, which was lawful and not subject to compensation under the applicable laws. The subsequent laws did not retroactively invalidate such redistributions, and the applicant...

Source-derived case information.

Citation
RADA00008/2022/HC/RWG
Parties
Applicant: Mukamazimpaka Mwamini; Respondent: Akarere ka Gatsibo
Court
High Court
Jurisdiction
Rwanda
Judgment Date
13 January 2023
Case Number
RADA00008/2022/HC/RWG
Procedural Posture
Administrative Appeal / High Court Appellate Judgment
Outcome
Appeal dismissed; lower court judgment affirmed.
Legal Topics
Land Redistribution, Compensation for Expropriation, Retrospective Application of Law
Source Language
rw
Administrative Law Land Law Land Redistribution Compensation for Expropriation Retrospective Application of Law

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Parties

Mukamazimpaka Mwamini

Applicant

Akarere ka Gatsibo

Respondent

Procedural Posture

Administrative Appeal / High Court Appellate Judgment

  1. 1 Whether the applicant is entitled to compensation for land redistributed under the 1999 national land sharing policy
  2. 2 Whether the redistribution was lawful and binding under subsequent laws

Ratio Decidendi

The applicant is not entitled to compensation or return of land because the redistribution occurred under the 1999 national land sharing policy, which was lawful and not subject to compensation under the applicable laws. The subsequent laws did not retroactively invalidate such redistributions, and the applicant failed to prove any legal or factual error in the lower court's decision.

Court Disposition

Appeal dismissed; lower court judgment affirmed.

Orders

  • The appeal by Mukamazimpaka Mwamini is dismissed as unfounded.
  • The judgment of the Intermediate Court of Nyagatare in case RAD00005/2021/TGI/NYG dated 24/06/2022 is upheld in all respects.