NDITIRIBAMBE v GATERA ET AL

NDITIRIBAMBE v GATERA ET AL

The Supreme Court held that the final judgment allocating the plot to Nyamaswa Faustin could not be reversed in this review due to injustice, as the remedy was not timely exercised. However, Gatera Jason, as seller, is liable to compensate Nditiribambe Samuel for the destroyed house and lost rent under the principle of garantie contre l’éviction, since Nditiribambe bought in good faith and was dispossessed by a final court decision. New claims not raised in the original proceedings are inadmissible.

Citation
RLR V.3-2021
Parties
Applicant: Nditiribambe Samuel; Respondent: Gatera Jason; Intervenor: Nyamaswa Faustin; Voluntary Intervenor: Uwimana Coloneria
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
13 March 2020
Case Number
RS/ INJUST/RC 00007/2018/SC
Procedural Posture
Review Due to Injustice / Supreme Court Final Judgment
Outcome
Application for review due to injustice allowed in part; judgment under review quashed.
Legal Topics
Review of Judgment Due to Injustice, Scope of Review, Sale Agreement, Garantie Contre L’éviction, Damages for Loss of Property, Compensation for Destroyed Property
Source Language
en
Civil Law Contract Law Property Law Review of Judgment Due to Injustice Scope of Review Sale Agreement Garantie Contre L’éviction Damages for Loss of Property +1 more

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Parties

Nditiribambe Samuel

Applicant

Gatera Jason

Respondent

Nyamaswa Faustin

Intervenor

Uwimana Coloneria

Voluntary Intervenor

Procedural Posture

Review Due to Injustice / Supreme Court Final Judgment

Legal Issues

  1. 1 Whether Nditiribambe Samuel should be awarded the plot allocated to Nyamaswa Faustin in judgment RCA0086/09/HC/KIG
  2. 2 Whether Nditiribambe Samuel should be awarded damages for his destroyed house
  3. 3 Whether Nditiribambe Samuel should be awarded damages for lawsuits against Gatera Jason and Nyamaswa Faustin

Ratio Decidendi

The Supreme Court held that the final judgment allocating the plot to Nyamaswa Faustin could not be reversed in this review due to injustice, as the remedy was not timely exercised. However, Gatera Jason, as seller, is liable to compensate Nditiribambe Samuel for the destroyed house and lost rent under the principle of garantie contre l’éviction, since Nditiribambe bought in good faith and was dispossessed by a final court decision. New claims not raised in the original proceedings are inadmissible.

Court Disposition

Application for review due to injustice allowed in part; judgment under review quashed.

Orders

  • Judgment RCA0379/12/HC/KIG quashed in whole.
  • Gatera Jason to pay Nditiribambe Samuel 5,830,000 Frw (3,350,000 Frw for destroyed houses, 480,000 Frw for expected rents, 2,000,000 Frw for counsel fees and judicial damages).