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The Supreme Court held that review due to injustice can reach a judgment rendered under review, dismissed Kapere’s claim, and confirmed the land belongs to Iyamuremye.
The sale contract between Twagirayezu Thadée and Rushirabwoba Aimable was valid upon agreement on object and price, transferring ownership to the buyers even without delivery of title. Consequently, Rushirabwoba Aimable had no right to mortgage the property to BPR, rendering the mortgage contract invalid. The existence of conflicting final judgments on the same property justified review for injustice, and the applicants were entitled to registration of the property and counsel fees.
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