Rwanda Case Law

NYANDWI v UZABAKIRIHO

Court

High Court

Case number

RCA 00002/2023/HC/NYZ

The sale agreement between Nyandwi François and Uzabakiriho Jean was a private document not executed before a notary, rendering it void and incapable of effecting a valid land transfer. Consequently, Nyandwi François has no legal right to the land, nor to compensation for the lost portion or demolished structures, as his actions were not legally protected. Uzabakiriho Jean is entitled to nominal compensation for being subjected to unnecessary litigation.

Source excerpt

• Land sale agreements
• Formal requirements for land transfer
• Invalidity of informal contracts
• Compensation for loss
• Succession and inheritance

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RLR-V.1-2018

Court

Supreme Court

The Supreme Court held that Nyarugenge District, having failed to exercise available appeal and review remedies within the prescribed time after obtaining new evidence, was barred by law from seeking review due to injustice. The Court further held that only the surviving spouse, not the succession, could continue the proceedings after the death of the original party. The President's order to register the case did not prevent the bench from examining jurisdiction and admissibility. The respondent was entitled to costs and counsel fees as the applicant's inadmissible claim forced her to incur l…

Source excerpt

• Death of party to proceedings
• Succession and inheritance
• Jurisdiction of supreme court
• Review due to injustice
• Expropriation
• Abuse of process

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HABIYAKARE v. GAHONGAYIRE ET AL (1)_304105_en

Court

Supreme Court

Case number

RCAA0009/14/CS

The Supreme Court held that the death of a spouse extinguished the deceased spouse’s pending claim, but the surviving spouse had to continue the case involving the property.

• Death of party
• Succession and inheritance
• Community property
• Party substitution
• Interest to sue
• Death-of-party

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