NTARINDWA v TWIZEYIMANA

NTARINDWA v TWIZEYIMANA

The court found that Ntarindwa Chris fulfilled his contractual obligation by paying the full purchase price, but Twizeyimana Vincent and Uwamahoro Vestine failed to transfer the property as agreed, instead transferring it to a third party and the property was not theirs to sell. This constituted a fundamental breach...

Source-derived case information.

Citation
RCA 00038/2021/HC/RSZ
Parties
Appellant: Ntarindwa Chris; Respondent: Twizeyimana Vincent; Respondent: Uwamahoro Vestine; Third Party (intervenor): Bahogwerhe Bahati Michel
Court
High Court
Jurisdiction
Rwanda
Judgment Date
30 June 2022
Case Number
RCA 00038/2021/HC/RSZ
Procedural Posture
Civil Appeal / High Court Appellate Judgment
Outcome
Appeal allowed; lower court decision reversed; contract rescinded; refund and damages awarded.
Legal Topics
Rescission of Contract, Specific Performance, Damages for Breach of Contract, Land Sale Agreements
Source Language
rw
Contract Law Property Law Rescission of Contract Specific Performance Damages for Breach of Contract Land Sale Agreements

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Parties

Ntarindwa Chris

Appellant

Twizeyimana Vincent

Respondent

Uwamahoro Vestine

Respondent

Bahogwerhe Bahati Michel

Third Party (intervenor)

Procedural Posture

Civil Appeal / High Court Appellate Judgment

Legal Issues

  1. 1 Whether there were grounds to rescind the sale agreement of 25/02/2018 between Ntarindwa Chris and Twizeyimana Vincent/Uwamahoro Vestine
  2. 2 Legal consequences of rescission of the sale agreement
  3. 3 Entitlement to damages for breach of contract and related claims

Ratio Decidendi

The court found that Ntarindwa Chris fulfilled his contractual obligation by paying the full purchase price, but Twizeyimana Vincent and Uwamahoro Vestine failed to transfer the property as agreed, instead transferring it to a third party and the property was not theirs to sell. This constituted a fundamental breach justifying rescission of the contract, refund of the purchase price, and award of damages.

Court Disposition

Appeal allowed; lower court decision reversed; contract rescinded; refund and damages awarded.

Orders

  • Rescission of the sale agreement of 25/02/2018 for parcel UPI 03/06/09/01/403 between Ntarindwa Chris and Twizeyimana Vincent/Uwamahoro Vestine.
  • Twizeyimana Vincent and Uwamahoro Vestine to refund Ntarindwa Chris USD 25,000 (or RWF 25,000,000).