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The Supreme Court held that second-appeal jurisdiction depends on the value of the dispute at filing. Because the 2022 value was below 50,000,000 Frw, the appeal could not be admitted.
The Supreme Court held that, even if the value of the property was not previously litigated, the ascertainable value of the auctioned property (shares) must be used to determine the court's jurisdiction for a second appeal. Since the value exceeded 50,000,000 Frw, the High Court, Nyanza Chamber, had jurisdiction to hear the second appeal by Daba Suppliers Ltd.
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The Supreme Court annulled an auction of Ndererimana Gédéon’s property for failed notice and publication requirements, and ordered compensation for a good-faith purchaser’s improvements.
The Supreme Court annulled a commercial auction for failure to notify the owner and properly publish the notice, ordered restoration of the property, and awarded related compensation.
A Court of Appeal collection summarizing Supreme Court precedents across civil, commercial, labour, and administrative matters, with extracted legal rules and cited authorities.
The Supreme Court held that a challenge to an auction must be filed as an urgent claim in the court where the auction occurred, and upheld the land registration order.
The High Court held that the auction annulment claim was not an urgent proceeding and thus a second appeal was admissible. The property in question had been lawfully acquired by Gruner Jes Nicholas Mphazso, who was a bona fide purchaser and had improved the property. There was no evidence of fraud or collusion by Gruner. The auction was conducted without proper legal basis, as the enforcement officer failed to verify the current ownership and status of the property. Therefore, the auction was annulled and the respondent was ordered to pay costs and attorney fees.
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The High Court found the auction was conducted on property registered to a non-debtor due to registration errors and that indemnity from a criminal case against Muhire Valens could not be executed against property awarded to Mukandinda Agnes after divorce. The auction was annulled, and parties were restored to their pre-auction positions.
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Court of Appeal digest setting out binding principles on appeals, sentencing, evidence, criminal procedure, and recognition of foreign judgments.
The appeal by Uwantege Louise was filed outside the three-working-day period mandated by Article 188 of Law No 22/2018 for expedited claims, which is a special rule overriding the general calculation in Article 275. Consequently, the appeal is without merit. The cross-appeal by Nizeyimana Venant is inadmissible since the principal appeal was not received. Respondents are entitled to attorney fees and costs as the applicant's appeal was unsuccessful.
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