NIYIGENAv. NYIRISHEMA

NIYIGENAv. NYIRISHEMA

The contract of sale relied upon by Nyirishema Hodari is invalid because Maso Tharcisse was not the rightful owner of the house; credible witness testimony and documentary evidence establish that Niyigena Marlène inherited the house from her father Ahishakiye Musafiri, making her the rightful owner.

Citation
RLR V.2 - 2020
Parties
Applicant: Niyigena Marlène; Respondent: Nyirishema Hodari
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
12 January 2018
Case Number
RS/INJUST/RC 00010/2017/SC
Procedural Posture
Civil / Supreme Court Review of High Court Judgment on Grounds of Injustice
Outcome
Application for review allowed; High Court judgment reversed; ownership declared for Niyigena Marlène.
Legal Topics
Immovable Property Ownership, Contract of Sale, Inheritance, Burden of Proof, Invalidity of Sale of Another's Property
Source Language
en
Property Law Civil Procedure Immovable Property Ownership Contract of Sale Inheritance Burden of Proof Invalidity of Sale of Another's Property

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 4 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Niyigena Marlène

Applicant

Nyirishema Hodari

Respondent

Procedural Posture

Civil / Supreme Court Review of High Court Judgment on Grounds of Injustice

Legal Issues

  1. 1 Whether Niyigena Marlène owns the disputed house by inheritance from her father Ahishakiye Musafiri
  2. 2 Whether the contract of sale between Nyirishema Hodari and Maso Tharcisse is valid
  3. 3 Whether damages claimed by both parties are justified

Ratio Decidendi

The contract of sale relied upon by Nyirishema Hodari is invalid because Maso Tharcisse was not the rightful owner of the house; credible witness testimony and documentary evidence establish that Niyigena Marlène inherited the house from her father Ahishakiye Musafiri, making her the rightful owner.

Court Disposition

Application for review allowed; High Court judgment reversed; ownership declared for Niyigena Marlène.

Orders

  • Nyirishema Hodari to vacate the house located in Ramiro village, Karambo cell, Gatenga Sector.
  • Nyirishema Hodari to pay Niyigena Marlène 1,300,000 Frw for procedural and counsel fees.