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Rwanda decisions
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The Court of Appeal held that the notarized sale prevails over an earlier private land sale, and ordered the disputed property registered to the notarized purchasers.
The sale agreement of 25/08/2017 was not executed in the legally required form (notarial deed) and thus is null and void. Lower courts erred in ordering transfer of property based on an invalid agreement. The property remains registered to the original owners. Damages and costs are awarded to the applicants as the prevailing parties.
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The Court of Appeal dismissed an appeal over a disputed land sale, holding that the sale contract was invalid because it was not executed before a land notary.
The court held that although Tumukunde Rehema had a co-ownership interest in the property, she failed to challenge the sale within the five-year statutory period after learning of the transaction. As such, the sale to Vuguziga Hermenegilde became irrevocable by operation of law, and her claim for annulment and damages was dismissed.
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The Court found that the land was sold by the applicant's late husband in accordance with the law and custom prevailing at the time, that the applicant's lack of written consent did not invalidate the sale, that the respondents acquired the land in good faith, and that the applicant's claims were unfounded. The prior judgments were upheld, and the applicant was ordered to pay costs and attorney fees.
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The High Court partly granted review for injustice, set aside damages against Maniriho, and stopped the auction of matrimonial property already covered by final decisions.
The sale agreement between Rutagengwa Georges (and wife) and Sibomana Jean Claude, executed before a Notary on 20/07/2018, is the only legally valid contract for the transfer of the disputed property, as required by Rwandan law. The earlier private agreement between Rutagengwa and Mambo Kalisa Charles (17/05/2010) is invalid for purposes of land transfer. No sufficient evidence was provided to support claims of fraud or disguised loan (banki lambert) in the notarial transaction. Damages for loss of use or emotional distress were denied for lack of proof; only legal costs were awarded to Sibom…
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The Court of Appeal held that only the sale agreement executed before a Notary (the 2018 contract between Sibomana Jean Claude and Rutagengwa Georges and Matter Rutagengwa Elisabeth) is valid for the transfer of immovable property under Rwandan law. The earlier private agreement between Mambo Kalisa Charles and Rutagengwa Georges (2010) is void for lack of notarial form. The appeal by Mambo Kalisa Charles was dismissed for lack of merit. Damages and litigation costs were awarded to Sibomana Jean Claude, to be paid jointly by Mambo Kalisa Charles, Rutagengwa Georges, and Matter Rutagengwa Elis…
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The Court of Appeal held that only the sale agreement executed before a Notary (between Rutagengwa Georges, Matter Rutagengwa Elisabeth, and Sibomana Jean Claude on 20/07/2018) is valid and effective for the transfer of immovable property under Rwandan law. The earlier private agreement between Mambo Kalisa Charles and Rutagengwa Georges (17/05/2010) lacked legal effect as it was not notarized. Therefore, Sibomana Jean Claude is the lawful owner, and Mambo's appeal was dismissed.
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The Court of Appeal held that an appeal was not out of time where delay resulted from correcting a lower-court clerical error, and it upheld the appellant’s property claim.
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