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Rwanda decisions
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The High Court held that possession of a movable vehicle can evidence title and ordered Toyota Hilux RAA 502 L registered in Ingabire Marie Claire’s name.
The sale contract between Ndamyumugabe and Gahunga was valid and transferred ownership despite lack of registration transfer. RRA was justified in seizing the vehicle until notified of the sale, but continued detention after notification was unlawful, entitling Ndamyumugabe to economic damages but not moral damages or advocate fees.
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The Supreme Court held that Ndamyumugabe Jean Claude became the owner of the vehicle upon valid sale, regardless of mutation, but contributed to the seizure by failing to notify the tax authority as required. The Rwanda Revenue Authority was justified in seizing the vehicle until notified of the sale, but was liable for damages for the period after notification. Damages were recalculated based on reasonable loss of use, and moral damages and additional attorney fees were denied due to contributory fault.
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The Supreme Court held that ownership of the vehicle transferred to Ndamyumugabe upon valid sale, regardless of mutation or notification, but his failure to notify the tax authority contributed to the seizure. The tax authority was justified in seizing the vehicle until notified of the sale, but was liable for damages for retaining it after notification. Ndamyumugabe was entitled to economic damages but not further moral damages or additional attorney fees.
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