Rwanda Case Law

TWAGIRAMUNGU v SEBISHYIMBO

Court

High Court

Case number

RS/INJUST/RC 00012/2021/HC/MUS

The alleged sale of the land from Sebishyimbo Etienne to Baranyeretse Adela was not valid because it was not executed before a notary as required by law. Therefore, at the time of the auction, the property was still legally owned by Sebishyimbo Etienne and subject to execution. The auction process complied with all legal requirements, including seizure and valuation. Thus, the auction remains valid and the claims of Baranyeretse Adela are dismissed.

Source excerpt

• Immovable property sale
• Public auction
• Land registration
• Contract formalities

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NTAGANZWA v MUNYANTORE ET AL

Court

Supreme Court

Case number

RS/ INJUST/ RC 00002/2019/SC

The Supreme Court invalidated an auction sale because notice procedures were not properly proved and the creditor-bidder took the property without paying.

• Public auction
• Forced execution
• Valuation of property
• Notification requirements
• Creditor as successful bidder
• Damages

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NYIRANJANGWE_v._BPR_Ltd_ET.AL_460801_en

Court

Supreme Court

Case number

RCOMAA0019/15/CS

The Supreme Court held that a mortgage auction based on an invalidated valuation was unlawful, nullified the sale and related contracts, and awarded damages.

• Mortgage
• Public auction
• Valuation of immovable property
• Nullification of auction
• Damages
• Public-auction

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UTAMULIZA ET AL v. NTAHONSIGAYE

Court

Supreme Court

Case number

RCAA0019/14/CS

The Supreme Court held that first-instance parties with an interest may appear on appeal even if they did not appeal, and non-appellants need not pay court fees.

• Party status on appeal
• Court fees
• Public auction
• Execution of judgment
• Civil-procedure
• Appeal

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MUKAMUSONI v. GOVERNMENT OF RWANDA ET AL.

Court

Supreme Court

Case number

RAD 0003/15/CS

The Supreme Court partially allowed Mukamusoni’s appeal over a house auction, upheld the auction’s validity, ordered refunds, and upheld partial damages for Kamali.

• Public auction
• Annulment of auction
• Enforcement of judgments
• Procedural irregularities
• Damages
• Public-auction

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MBARUSHIMANA v. NTIGURIRWA ET AL

Court

Supreme Court

Case number

RCAA0010/13/CS

Rwanda Supreme Court held that jurisdiction on a damages objection is based on damages awarded by any court in the case, so this appeal fell within its jurisdiction.

• Jurisdiction of supreme court
• Public auction
• Compensation for expropriation
• Execution of judgments
• Supreme-court-jurisdiction
• Civil-procedure

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NSHIMYUMUREMYI v. THE STATE OF RWANDAET AL

Court

Supreme Court

Case number

RADA0032/11/CS

The Supreme Court upheld a public auction of the appellant’s house, finding a deed’s incorrect order number was a correctable typographical error and not grounds for annulment.

• Public auction
• Typographical error in court order
• Damages
• Procedural expenses
• Counsel fees
• Mortgage

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