MUHIRWA N’UNDI v MUKAMAZIMPAKA N’UNDI
The respondents failed to produce the original sale documents, which was the only conclusive evidence to resolve the dispute. Without this, the court could not find the sale valid. However, improvements made by Mukamazimpaka Thacienne increased the property's value and must be compensated, even if she possessed the property without valid title. Applicants are entitled to damages for loss of use, calculated as rent for 12 years from each respondent. Legal costs are awarded to the applicants as the prevailing parties.
Source excerpt
- Immovable property
- Succession of property
- Invalidity of contract by minors
- Compensation for improvements
- Burden of proof
- Revision for injustice