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The Court of Appeal held that service by publication in the earlier default case was not proved, granted retrial, and dismissed the claimant’s ownership claim.
The alleged sale of the land from Sebishyimbo Etienne to Baranyeretse Adela was not valid because it was not executed before a notary as required by law. Therefore, at the time of the auction, the property was still legally owned by Sebishyimbo Etienne and subject to execution. The auction process complied with all legal requirements, including seizure and valuation. Thus, the auction remains valid and the claims of Baranyeretse Adela are dismissed.
Source excerpt
The High Court held that Bugwiza’s purchase from an apparent owner was valid, overturned the earlier compensation order, and kept the property with Bugwiza.
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