TWAGIRAYEZU ET AL v TWAGIRAYEZU ET AL
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
- Immovable property
- Co-ownership
- Sale of property
- Contract cancellation
- Damages
- Inheritance