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Rwanda decisions
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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 held that only Ruticumugambi Innocent, who received the sale proceeds, is liable to reimburse the buyers for the purchase price; the other heirs are only jointly liable for the value of improvements made to the property. Restitution orders against respondents for properties no longer in their possession or acquired from third parties are invalid. No party is entitled to damages as each prevailed on some claims.
Source excerpt
The allocation of the land in dispute to Mukamudenge Annonciata was not a lawful isaranganya as required by law, since it was not conducted between the original right-holder and the returnee, lacked proper documentation, and excluded the rightful heirs (orphans of Nkurikiyinka Simon). The land must be restored to the applicants, and the registration certificates in the names of Mukamudenge and Bayingana are invalid. Compensation is awarded to the applicants for emotional distress, legal costs, and loss of use.
Source excerpt
The Supreme Court found that the land in dispute originally belonged to the applicants' family (Bihama). Under customary law, when Semicaca (the donee) abandoned the land, Bihama's family rightfully reclaimed it. Prior judgments involving other parties (Kabusoro and Rubabaza) did not bind the applicants, as they were not parties. The applicants are entitled to share the land with the respondents and to damages for wrongful deprivation.
Source excerpt
The Supreme Court rejected SOCOBICO Industries S.A.’s request to interpret an earlier judgment, holding that the goodwill issue was not ambiguous and could not be expanded.
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