NAHIMANA v. UMUJYI WA KIGALI
The applicant's property was not conclusively proven to be in a wetland according to official registry and evidence; demolition was unlawful under Prime Minister's Order No. 006/03 of 30/01/2017, entitling the applicant to compensation for structures, distress damages, and partial legal costs.
Source-derived case information.
- Citation
- RADA00085/2023/HC/KIG
- Parties
- Applicant: Nahimana Pierre; Respondent: Umujyi wa Kigali
- Court
- High Court
- Jurisdiction
- Rwanda
- Judgment Date
- 17 January 2025
- Case Number
- RADA00085/2023/HC/KIG
- Procedural Posture
- Civil Appeal / Final Judgment
- Outcome
- appeal allowed in part
- Legal Topics
- Expropriation, Compensation for Demolition, Land Use in Wetlands, Public Interest Relocation
- Source Language
- rw
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nahimana Pierre
Applicant
Umujyi wa Kigali
Respondent
Procedural Posture
Civil Appeal / Final Judgment
Legal Issues
- 1 Whether the applicant's property was unlawfully demolished as being in a wetland
- 2 Whether the applicant is entitled to compensation for demolished property
- 3 Whether the applicant is entitled to damages for distress
Ratio Decidendi
The applicant's property was not conclusively proven to be in a wetland according to official registry and evidence; demolition was unlawful under Prime Minister's Order No. 006/03 of 30/01/2017, entitling the applicant to compensation for structures, distress damages, and partial legal costs.
Court Disposition
appeal allowed in part
Orders
- City of Kigali to pay applicant 36,833,095 Frw for demolished structures
- City of Kigali to pay applicant 1,841,654 Frw for distress damages
Full Case Text
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