BUJAMBI v SEMANA

BUJAMBI v SEMANA

Semana Marc was not the true owner nor did he appear as such to a reasonable person; thus, the sale to Bujambi Aloys is void, and the house must be returned to Nyirabaziga Anne Marie as heir of Bangamwabo Gentil. Bujambi Aloys, as a good faith purchaser, is entitled to compensation equal to the current value of the...

Source-derived case information.

Citation
RS/INJUST/00007/2017/SC
Parties
Appellant/respondent: Bujambi Aloys; Appellant/respondent: Semana Marc; Applicant: Nyirabaziga Anne Marie
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
29 June 2018
Case Number
RS/INJUST/00007/2017/SC
Procedural Posture
Civil Appeal (property) / Supreme Court Judgment After Review for Injustice
Outcome
Appeal allowed in part; house awarded to Nyirabaziga Anne Marie; Bujambi Aloys awarded compensation from Semana Marc.
Legal Topics
Ownership, Good Faith Purchase, Restitution, Damages, Inheritance, Apparent Ownership
Source Language
rw
Property Law Civil Procedure Ownership Good Faith Purchase Restitution Damages Inheritance Apparent Ownership

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Parties

Bujambi Aloys

Appellant/respondent

Semana Marc

Appellant/respondent

Nyirabaziga Anne Marie

Applicant

Procedural Posture

Civil Appeal (property) / Supreme Court Judgment After Review for Injustice

Legal Issues

  1. 1 Whether the house should be returned to Nyirabaziga Anne Marie as the rightful heir of Bangamwabo Gentil
  2. 2 Whether Bujambi Aloys, who bought the house from Semana Marc, is entitled to retain the property or to compensation
  3. 3 Whether Semana Marc had authority to sell the house

Ratio Decidendi

Semana Marc was not the true owner nor did he appear as such to a reasonable person; thus, the sale to Bujambi Aloys is void, and the house must be returned to Nyirabaziga Anne Marie as heir of Bangamwabo Gentil. Bujambi Aloys, as a good faith purchaser, is entitled to compensation equal to the current value of the house from Semana Marc.

Court Disposition

Appeal allowed in part; house awarded to Nyirabaziga Anne Marie; Bujambi Aloys awarded compensation from Semana Marc.

Orders

  • House in Karukamba, Kamutwa, Kacyiru, Kigali is awarded to Nyirabaziga Anne Marie as heir of Bangamwabo Gentil.
  • Semana Marc to pay Bujambi Aloys 29,359,000 Frw as current value of the house and 1,000,000 Frw as damages, plus 600,000 Frw advocate fees (total 30,959,000 Frw).