NISHIMWE N’UNDI v. MUGENGA N’UNDI

NISHIMWE N’UNDI v. MUGENGA N’UNDI

The Supreme Court held that Mugenga Joseph is entitled to compensation for useful improvements made to the property, regardless of his knowledge of the seller's lack of title, as denying compensation would result in unjust enrichment of the current owners. Compensation for new constructions (the 'annexe') is subject...

Source-derived case information.

Citation
RLR V3 2019
Parties
Applicant: Nishimwe Claudine; Applicant: Mashami Gisèle; Respondent: Mugenga Joseph
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
9 November 2018
Case Number
RCAA 00031/2016/SC
Procedural Posture
Civil Appeal / Final Judgment
Outcome
partially allowed
Legal Topics
Immovable Property, Restitution, Compensation for Improvements, Good Faith Purchaser, Unjust Enrichment
Property Law Civil Procedure Immovable Property Restitution Compensation for Improvements Good Faith Purchaser Unjust Enrichment

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Parties

Nishimwe Claudine

Applicant

Mashami Gisèle

Applicant

Mugenga Joseph

Respondent

Procedural Posture

Civil Appeal / Final Judgment

  1. 1 Whether Mugenga Joseph is entitled to compensation for improvements made to immovable property purchased from a non-owner
  2. 2 Whether Nishimwe Claudine and Mashami Gisèle must pay for improvements and new constructions made by Mugenga Joseph
  3. 3 Whether Mugenga Joseph owes compensation for loss of use to Nishimwe Claudine and Mashami Gisèle

Ratio Decidendi

The Supreme Court held that Mugenga Joseph is entitled to compensation for useful improvements made to the property, regardless of his knowledge of the seller's lack of title, as denying compensation would result in unjust enrichment of the current owners. Compensation for new constructions (the 'annexe') is subject to agreement; if not retained, Mugenga Joseph may remove it. Compensation for loss of use is awarded to the owners for the period they were deprived of their property.

Court Disposition

partially allowed

Orders

  • Nishimwe Claudine and Mashami Gisèle to pay Mugenga Joseph 18,210,808 Frw for useful improvements to the house.
  • If owners retain the 'annexe', they must agree with Mugenga Joseph on compensation; otherwise, he may remove it.