NISHIMWE ET AL v. MUGENGA

NISHIMWE ET AL v. MUGENGA

Mugenga Joseph is entitled to reimbursement for the necessary and useful works (totaling 18,210,808 Frw) added to the property he returned to Rwamanywa Jérémie’s heirs, as these works increased the property's value and to deny reimbursement would unjustly enrich the heirs. However, for the new building ('annexe'), the heirs may either require its removal or agree on compensation with Mugenga Joseph. The heirs are also entitled to 2,000,000 Frw for loss of enjoyment of their property during Mugenga Joseph's occupation. Claims for rent, moral damages, and procedural/counsel fees by both sides are largely denied.

Citation
RLR V.3-2019
Parties
Appellant: Nishimwe Claudine; Appellant/respondent: Mashami Gisèle; Respondent/cross Appellant: Mugenga Joseph
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
9 November 2018
Case Number
RCAA 00031/2016/SC
Procedural Posture
Civil Appeal / Supreme Court Judgment
Outcome
Appeal dismissed in part; High Court judgment reversed in part; cross-claims partially allowed.
Legal Topics
Sale of Immovable Property, Restitution for Value Added, Unjust Enrichment, Good Faith/bad Faith Purchase, Compensation for Necessary and Useful Works, Removal of Unauthorized Constructions
Source Language
en, rw
Property Law Civil Procedure Sale of Immovable Property Restitution for Value Added Unjust Enrichment Good Faith/bad Faith Purchase Compensation for Necessary and Useful Works Removal of Unauthorized Constructions

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Nishimwe Claudine

Appellant

Mashami Gisèle

Appellant/respondent

Mugenga Joseph

Respondent/cross Appellant

Procedural Posture

Civil Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether Mugenga Joseph added value to the property handed back to Rwamanywa Jérémie’s heirs
  2. 2 Whether Mugenga Joseph should be reimbursed for the value added to the property and by whom
  3. 3 Whether new buildings constructed by Mugenga Joseph should be compensated or removed

Ratio Decidendi

Mugenga Joseph is entitled to reimbursement for the necessary and useful works (totaling 18,210,808 Frw) added to the property he returned to Rwamanywa Jérémie’s heirs, as these works increased the property's value and to deny reimbursement would unjustly enrich the heirs. However, for the new building ('annexe'), the heirs may either require its removal or agree on compensation with Mugenga Joseph. The heirs are also entitled to 2,000,000 Frw for loss of enjoyment of their property during Mugenga Joseph's occupation. Claims for rent, moral damages, and procedural/counsel fees by both sides are largely denied.

Court Disposition

Appeal dismissed in part; High Court judgment reversed in part; cross-claims partially allowed.

Orders

  • Nishimwe Claudine and Mashami Gisèle to reimburse Mugenga Joseph 18,210,808 Frw for value added to the property (excluding new building).
  • Nishimwe Claudine and Mashami Gisèle to pay Mugenga Joseph an agreed sum for the new building ('annexe') if they choose to keep it; otherwise, Mugenga Joseph may remove it.