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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.
Source excerpt
The Supreme Court held that a co-owner’s sale binds only that seller’s share. Ntakirutinka could reclaim her share, and Kabera kept the rest with compensation ordered.
The High Court annulled an auction of co-owned property used to enforce a child-support judgment, while upholding that the original judgment remained enforceable.
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.
Heirs of Icyimpaye Marie Rose and Twagirayezu Aloys are entitled to recover co-owned property sold without their consent. It is not necessary for them to request cancellation of the sale contract to which they were not parties. The sale is valid only for Twagirayezu Albert's share (1/5); the remaining 4/5 must revert to the other heirs. Umumaranyota Agnès, as buyer in good faith, must be compensated for the actual value of the deprived property. Damages and procedural fees are awarded to both parties as justified.
Source excerpt
The Commercial High Court partly annulled a mortgage auction after finding that 21,822.85 sqm sold at auction belonged to the heirs, not the mortgagors.
The Commercial High Court held that coheirs managing inherited property could not mortgage it without all heirs’ consent, and set aside the loan security and prior damages.
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