KAYITSINGA v KANYAMIBWA NUNDI
The sale by Nsangineza to Kayitsinga was null as Nsangineza was not the owner. However, Kayitsinga acquired the property in good faith, unaware of the defect at the time of purchase. Therefore, Kanyamibwa is entitled to restitution of the property, but must compensate Kayitsinga for the value of improvements made in good faith. Nsangineza, as the fraudulent seller, must refund the purchase price to Kayitsinga and pay damages to Kanyamibwa.
Source excerpt
- Acquisition in good faith
- Sale of immovable property
- Nullity of sale of another's property
- Restitution
- Unjust enrichment
- Damages