Rwanda Case Law

KARUMUHINZI BAUDOUX vs NYIRAKAZIGA

Court

Court of Appeal

Case number

RS/INJUST/RC 00007/2021/CA

The applicant failed to prove ownership of the disputed land or that the sale was fraudulent. The sale contract remains valid. Damages for distress cannot be considered as they were not raised in the original proceedings. Costs and attorney fees are awarded to the respondent in a reduced amount due to lack of substantiation for higher sums.

Source excerpt

• Ownership of immovable property
• Nullity of sale contracts
• Action en revendication
• Burden of proof
• Review for injustice
• Damages

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NYIRAHABIMANA VS HABIMANA N’ABANDI

Court

Supreme Court

Case number

RS/INJUST/RC 00011/2018/SC

The Supreme Court held that one heir could not annul a sale contract he did not join, but could recover the value of her 50% share of inherited land sold without consent.

• Co-ownership
• Land sale
• Succession property
• Contract validity
• Good faith purchase
• Action en revendication

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NYIRANTAHO v KABANO

Court

Court of Appeal

Case number

RCAA 00041/2018/CA

Nyirantaho Marthe lacked standing to seek annulment of the sale agreement between Kabano Augustin and Bahintasi Albert because she was not a party to that contract. The law restricts the right to seek annulment to the contracting parties. Her proper remedy was to seek recovery of her property, not annulment of the contract. The appeal was therefore dismissed for lack of standing.

Source excerpt

• Relative effect of contracts
• Standing to sue
• Revocation of sale agreements
• Action en revendication

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