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Rwanda decisions
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The Court of Appeal upheld an auction sale, holding that APEX BIOTECH LTD had been properly served with auction documents through authorized persons and company emails.
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 an appeal over a disputed land sale, holding that the sale contract was invalid because it was not executed before a land notary.
The High Court reviewed Gatare’s challenge to a rejected appeal and auction execution, admitted the late appeal due to system failure, but upheld the auction and dismissed the review.
The High Court held that transport and communication allowances form part of salary for limitation purposes, upheld prescription of older claims, and reversed the lower court’s awards.
Karumuhinzi Baudoux Claire failed to prove with credible evidence that the disputed property belonged to her and not to Karumuhinzi Laura, who sold it to Nyirakaziga Kabeja Anne Marie. The sale was conducted before local authorities and the property was registered to the respondent. The applicant's claims for nullification, damages, and costs lack merit. The prior High Court judgment stands.
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The High Court dismissed COOPILAK’s review for injustice, upholding the auction sale and rejecting claims of procedural defect, undervaluation, and mortgage invalidity.
The Supreme Court held that BPR ATLAS MARA Plc lost in both lower courts on the same grounds, and the issue of SGES/ATT Ltd's intervention did not alter the substance of the dispute. The Court found no error or injustice in the Court of Appeal's refusal to admit the second appeal. SGES/ATT Ltd could not be a party to the review as it was never admitted as a party in the original proceedings. The application for review lacked merit, and the applicant was ordered to pay costs to the respondent.
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The High Court reinstated a mortgage-related auction and held that a prior unnotarized sale to a third party did not defeat the auction.
The Supreme Court held that piercing the corporate veil did not apply and upheld the award of 8,600,000 Frw to Umubyeyi Marie Claire, with limited costs.
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