SAFARI NUNDI v IRADUKUNDA N'ABANDI

SAFARI NUNDI v IRADUKUNDA N'ABANDI

The failure to transfer the property as agreed was due to the sellers' (Safari Emmanuel and Uwambajimana Marie) failure to remove the mortgage, not the buyers' actions. The contract was rightfully rescinded, and the sellers must return the purchase price plus compensation for improvements, with the buyers returning the property. The correct property value for restitution is the current value minus use and improvements over 8 years.

Citation
U RCA 00144/2022/HC/KIG
Parties
Appellant: Safari Emmanuel; Appellant: Uwambajimana Marie; Respondent: Iradukunda Annick; Respondent: Ishimwe Divine; Interested Party: Uwingabire Aisha; Interested Party: Havyarimana Alphonse (for Havyarimana Ramia Queen)
Court
High Court
Jurisdiction
Rwanda
Judgment Date
28 July 2023
Case Number
U RCA 00144/2022/HC/KIG
Procedural Posture
Civil Appeal / High Court Appellate Judgment
Outcome
Appeal partially allowed; lower court decision modified as to amount to be refunded.
Legal Topics
Contract Termination, Specific Performance, Damages, Real Estate Transfer
Source Language
rw
Contract Law Property Law Contract Termination Specific Performance Damages Real Estate Transfer

Case Brief

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Parties

Safari Emmanuel

Appellant

Uwambajimana Marie

Appellant

Iradukunda Annick

Respondent

Ishimwe Divine

Respondent

Uwingabire Aisha

Interested Party

Havyarimana Alphonse (for Havyarimana Ramia Queen)

Interested Party

Procedural Posture

Civil Appeal / High Court Appellate Judgment

Legal Issues

  1. 1 Whether Safari Emmanuel and Uwambajimana Marie complied with the sale agreement with Ingabire Marie Claire
  2. 2 Whether the sale agreement should be rescinded
  3. 3 Whether Uwingabire Aisha and Havyarimana Alphonse (for Havyarimana Ramia Queen) should be registered as owners

Ratio Decidendi

The failure to transfer the property as agreed was due to the sellers' (Safari Emmanuel and Uwambajimana Marie) failure to remove the mortgage, not the buyers' actions. The contract was rightfully rescinded, and the sellers must return the purchase price plus compensation for improvements, with the buyers returning the property. The correct property value for restitution is the current value minus use and improvements over 8 years.

Court Disposition

Appeal partially allowed; lower court decision modified as to amount to be refunded.

Orders

  • Sale agreement of 18/06/2016 between Ingabire Marie Claire and Safari Emmanuel/Uwambajimana Marie is rescinded.
  • Safari Emmanuel and Uwambajimana Marie to return the house to Ingabire Marie Claire's heirs and pay them 23,500,000 RWF plus 600,000 RWF for legal fees.