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Rwanda decisions
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The Court of Appeal allowed the City of Kigali to withdraw its appeal, holding that consent of the other parties was not required and awarding appellate costs.
The Court of Appeal held that the second appeal was inadmissible because the applicant lost in both lower courts on the same grounds, and awarded costs to Bayingana.
The Court of Appeal held that fair compensation in expropriation cases must be based on the market value of the property at the time of compensation, as determined by a balanced assessment of all expert reports. The court found no error in the High Court's reliance on the respondent's valuation for the land and MINADEF's valuation for the building, and upheld the award of costs and legal fees due to MINADEF's conduct and the lack of merit in its appeal.
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The Court of Appeal held that fair compensation in public interest expropriation must be based on the market value as determined by a balanced assessment of all expert reports, giving weight to the court-appointed experts’ report when neither party successfully challenges it. The government’s appeal was dismissed as it failed to show that the lower court erred in its valuation or in awarding costs and expert fees.
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