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Urukiko rw'Ubujurire rwemeje ko ikibanza No 531 gisubizwa Saleh Salim Al Farsy, rusanga abaguze nta buryarya ariko ku muntu utari nyiracyo bagomba kwishyurwa n’abagisize.
The Supreme Court held that both Law No. 22/99 (1999) and Organic Law No. 8/2005 (2005) applied. However, under Article 22 of Law No. 22/99, the right to challenge a sale of matrimonial property lapses after 5 years. Since Muremanyundo Jeanne filed her claim more than 14 years after the 2006 sale, her right to contest had expired, making the sale agreement irrevocable and valid.
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The Supreme Court partly allowed review and adjusted only the compensation for improvements made to property bought in good faith from an unauthorized seller.
The Court of Appeal held that land sold by a non-owner passed no title, but good-faith purchasers had to be compensated for their improvements before returning the property.
The Supreme Court held that Mugenga Joseph is entitled to compensation for useful improvements made to the property, regardless of his knowledge of the seller's lack of title, as denying compensation would result in unjust enrichment of the current owners. Compensation for new constructions (the 'annexe') is subject to agreement; if not retained, Mugenga Joseph may remove it. Compensation for loss of use is awarded to the owners for the period they were deprived of their property.
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