MAHINYUZA V MUKESHIMANA N’ABANDI

MAHINYUZA V MUKESHIMANA N’ABANDI

Mukeshimana Marthe acted within the authority granted by Mahinyuza Aloys's written procuration until its revocation on 4/12/2017. By that date, Mahinyuza had already acquired sole ownership of the property after compensating Mukantabana Donatille. Therefore, sales made before revocation are valid, and buyers are entitled to registration. Mahinyuza's appeal lacks merit, and he is liable for certain costs and damages to interveners.

Citation
RCA 00273/2020/HC/KIG (
Parties
Appellant/plaintiff: Mahinyuza Aloys; Respondent/defendant: Mukeshimana Marthe; Interested Party/ex Spouse: Mukantabana Donatille; Intervener (voluntary): Umwiza Solange; Intervener (forced): Uwitonze Joachim; Intervener (forced): Mbagizente Edouard; Intervener (forced): Gatanazi Damien; Intervener (forced): Byensi Bonaventure; Intervener (forced): Nsengamungu Emmanuel; Intervener (forced): Kanyamahanga Vianney; Intervener (forced): Sindikubwabo Vianney; Intervener (forced): Nshimiyimana Saverien; Intervener (forced): Mutuyimana Jean Claude; Third Party (seller): Mugwaneza Emmanuel
Court
High Court
Jurisdiction
Rwanda
Judgment Date
24 June 2021
Case Number
RCA 00273/2020/HC/KIG (
Procedural Posture
Civil Appeal / High Court Appellate Judgment
Outcome
Appeal dismissed; lower court judgment affirmed with minor modifications.
Legal Topics
Procuration (power of Attorney), Division of Matrimonial Property, Sale of Immovable Property, Appeal Procedure, Damages and Costs
Source Language
rw
Civil Law Family Law Property Law Procuration (power of Attorney) Division of Matrimonial Property Sale of Immovable Property Appeal Procedure Damages and Costs

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Parties

Mahinyuza Aloys

Appellant/plaintiff

Mukeshimana Marthe

Respondent/defendant

Mukantabana Donatille

Interested Party/ex Spouse

Umwiza Solange

Intervener (voluntary)

Uwitonze Joachim

Intervener (forced)

Mbagizente Edouard

Intervener (forced)

Gatanazi Damien

Intervener (forced)

Byensi Bonaventure

Intervener (forced)

Nsengamungu Emmanuel

Intervener (forced)

Kanyamahanga Vianney

Intervener (forced)

Sindikubwabo Vianney

Intervener (forced)

Nshimiyimana Saverien

Intervener (forced)

Mutuyimana Jean Claude

Intervener (forced)

Mugwaneza Emmanuel

Third Party (seller)

Procedural Posture

Civil Appeal / High Court Appellate Judgment

Legal Issues

  1. 1 Whether Mukeshimana Marthe exceeded the authority granted by Mahinyuza Aloys in selling property
  2. 2 Whether property sold by Mukeshimana Marthe should be restored to Mukantabana Donatille
  3. 3 Whether buyers/interveners are entitled to registration of purchased land

Ratio Decidendi

Mukeshimana Marthe acted within the authority granted by Mahinyuza Aloys's written procuration until its revocation on 4/12/2017. By that date, Mahinyuza had already acquired sole ownership of the property after compensating Mukantabana Donatille. Therefore, sales made before revocation are valid, and buyers are entitled to registration. Mahinyuza's appeal lacks merit, and he is liable for certain costs and damages to interveners.

Court Disposition

Appeal dismissed; lower court judgment affirmed with minor modifications.

Orders

  • Mahinyuza Aloys's appeal is dismissed as lacking merit.
  • Lower court judgment RC00095/2019/TGI/GSBO of 03/08/2020 is affirmed.