Rwanda Case Law

ABAZUNGURA BA MUGARAGU v NYIRAHAKIZIMANA N’UNDI

Court

Court of Appeal

Case number

RCAA00028/2022/CA

The Court of Appeal found that both lower courts dismissed the appellants' claims on the same substantive ground—failure to prove that the sale of the disputed property was fraudulent. Therefore, under Article 52(3) of Law No. 30/2018, the second appeal was inadmissible. The court also found the respondent entitled to partial legal costs and attorney fees due to prevailing on the preliminary objection.

Source excerpt

• Appellate jurisdiction
• Res judicata
• Burden of proof
• Family property
• Sale of inherited property

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NTABONSANGANYWE VS MUKAKARAMAGE N’ABANDI

Court

Court of Appeal

Case number

RCAA 00011/2022/CA

The Court of Appeal allowed withdrawal of the appeal by consent and held that set-off of mutual debts is not examined in such withdrawal proceedings.

• Withdrawal of suit
• Family property
• Costs and indemnities
• Withdrawal-of-suit
• Court-costs
• Set-off-of-debts

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MATABARO v NYIRAHARORIMANA NABANDI

Court

High Court

Case number

RCA 00078/2021/HC/NYZ

The transfer of land rights from Succession Ngiyembere to Matabaro Gaston is invalid because not all heirs, specifically Usabyemariya Salomé, consented or signed the sale agreement as required by law. The sale agreement was not executed before a notary, rendering it legally ineffective. Therefore, the appeal lacks merit and the lower court's decision stands.

Source excerpt

• Land transfer
• Succession
• Family property
• Formal requirements for land transactions

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MURINDA vs. MUKAMUZIMA N’ABANDI [

Court

High Court

Case number

RADA 00003/2022/HC/NYZ

The claim to annul the long-term lease agreement was not administrative but civil in nature, as the dispute centered on family land and the rights of family members, not on an administrative act. The joinder of the Land Authority did not convert the claim into an administrative one. The appeal was therefore inadmissible, and the lower court's decision was upheld with an increase in the awarded advocate's fees.

Source excerpt

• Nature of claims
• Jurisdiction
• Land registration
• Family property
• Contract annulment

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NYIRANDIKUBWIMANA v MUKAHIGIRO

Court

High Court

Case number

RS/INJUST/RC 00004/2019/HC/NYZ

The High Court held the dispute was about family gift property, not inadmissible inheritance claims, reinstated the mediation decision, and awarded legal fees.

• Inheritance
• Family property
• Burden of proof
• Procedural law
• Succession-law
• Family-property

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MUKANDORI v KAYITESI

Court

Supreme Court

Case number

RS/INJUST/RC 00014/2021/SC

The Supreme Court held that the plot remained Mukandori’s because no valid written land transfer existed, but Kayitesi owned the house she built and had to be compensated.

• Immovable property
• Land transfer
• Compensation for improvements
• Family property
• Burden of proof
• Land-transfer

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NDEREYEHE V. NYIRAMAHINGURA ET AL

Court

Supreme Court

Case number

RS/INJUST/RC 00020/2017

The Supreme Court held that a third party opposition requires an interest distinct from the parties’ interests. It quashed the Intermediate Court judgment and restored the prior decision.

• Third party opposition
• Standing
• Family property
• Interests of parties
• Third-party-opposition
• Family-property

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NYIRAROMBA v. NGIRINSHUTI_en

Court

Supreme Court

Case number

RC0002/16/CS

The Supreme Court held that Nyiraromba lacked personal and direct interest to seek resolution of conflicting judgments after selling the property, and rejected Nsabiyaremye’s intervention.

• Admissibility of claim
• Interest and status to sue
• Intervention claim
• Contradictory judgments
• Family property
• Civil-procedure

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