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The Court of Appeal held that Benda Rosine’s second appeal was inadmissible because she had lost in the lower courts on the same grounds. Costs were awarded to the district.
Court of Appeal held Kabirigi Gérard’s revision-for-injustice claim was admissible despite no second appeal, because a second appeal would have been inadmissible on the same grounds.
The Court of Appeal held that an application to clarify a judgment cannot be used to raise new matters. It dismissed Ufitikirezi Beatrice’s appeal.
The urgent application was admissible as it was linked to a substantive appeal; however, there were no urgent grounds to halt construction since the works were advanced and no irreversible harm was shown. Costs and damages cannot be awarded in the urgent application and must be claimed in the substantive proceedings.
Source excerpt
EAPJC failed to prove that compensation was paid to the rightful landowners or their successors; depositing funds with the City of Kigali did not constitute valid payment in the absence of evidence of dispute among co-owners or refusal to accept payment. Respondents lawfully acquired the land, and EAPJC's appeal lacked merit.
Source excerpt
The Court of Appeal held that a settlement reached by all parties in court ended the land dispute and must be honoured, with court costs borne by the State.
The Court of Appeal held that a settlement agreement of 24 January 2022 resolved the dispute and ended the appeal, binding all parties.
The Court of Appeal dismissed a clarification request, holding that only the land portion actually litigated was awarded, not the entire UPI-registered parcel.
The Supreme Court held that no lawful expropriation for public interest occurred, so the disputed land remained with Ndimukaga François and costs were awarded.
The Supreme Court held that a summary judgment entry proved a prior final land dispute, so later judgments on the same land were annulled for res judicata.
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