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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.
The High Court annulled a 1 October 2019 auction for failure to follow notice requirements and because the underlying debt had already been paid.
The Court of Appeal held that the employer’s failure to notify the proper labour inspector made the redundancy unlawful, awarding unfair-dismissal compensation.
The Court of Appeal held that mortgage-auction notices were governed by special instructions, not general procedure, and upheld the auction on POSADA PLUS Ltd’s property.
The Court of Appeal upheld annulment of an auction sale because the property valuation was outdated and the auction notice was published in the wrong newspaper.
The Commercial High Court allowed the appeal, held the auction unlawful because the valuation was not contemporaneous and the notice was published contrary to instructions, and set the auction aside.
The Supreme Court held that Bugingo Claude’s suretyship was valid, but it did not cover the restructured loan he was not notified of, and he was released from liability.
Kayitesi Joselyne was unlawfully terminated because ADEPR failed to notify the labour inspector of the list of employees to be terminated before the termination took effect, violating Article 21 of Law No 66/2018. She is entitled to damages equivalent to nine months' net salary and compensation for untaken annual leave. Other claims were denied due to lack of evidence or legal basis.
Source excerpt
The auction was void because the notice was not properly publicized as required by law, and the property was unlawfully awarded to Uwitonze Innocent without proper payment, violating statutory procedures. The applicant's claim for review on grounds of injustice was upheld, and the auction was annulled.
Source excerpt
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