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Rwanda decisions
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The Court of Appeal held that dependency damages were supported by local authority and community evidence, dismissed SANLAM’s review request, and awarded appellate costs.
The Court of Appeal held that METAFOAM Ltd’s second appeal was inadmissible because it had lost in both lower courts on the same grounds.
The Court of Appeal held that a settlement agreement signed by the parties and the recorded payment resolved the property dispute and terminated the appeal.
Only the notarized sale agreement of 11/07/2017 between Rwambonera Maurice and Uwizeye Louise (and her husband) is valid under Rwandan law, as it complies with the legal requirement for notarial execution. The prior private agreement between Murereyimana Déoclens and Rwambonera Maurice is invalid for lack of notarial formality. Therefore, Uwizeye Louise and Rutagengwa Rugumaho John are entitled to be registered as owners of UPI:1/03/07/05/855. Claims for damages are denied for lack of substantiation, but legal costs and attorney fees are awarded to the successful parties.
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The Court of Appeal held that the respondents provided sufficient evidence of dependency through documents from local authorities and the deceased's cooperative, corroborated by community testimony. The court found that the High Court did not err in awarding compensation, as the evidence met the legal threshold for proving dependency. The appellant failed to show that the respondents had independent means of support or that the High Court misapplied the law. Therefore, the appeal was dismissed and costs awarded to the respondents.
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The Court of Appeal dismissed Uwimana Catherine’s appeal, holding that she did not identify errors in the High Court’s refusal to admit her urgent application.
The Supreme Court held that daughters had equal inheritance rights and that the disputed land remained family property of Ruhabura Jean, not Baganizi François.
The Court of Appeal held that a private sale agreement for immovable property is invalid without the statutory notarial form. The notarized transfer won.
The Court of Appeal dismissed Muvunyi Claude alias Ntambara’s appeal, holding that his late admission of guilt did not justify sentence reduction.
The appellate court found that the lower court failed to properly consider mitigating circumstances, including the defendant's age, lack of prior offences, and minimal age difference with the victim. These factors justified reducing the sentence to 10 years' imprisonment.
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