Rwanda Case Law

MUREMANYUNDO v NYIRIMIHIGO

Court

Supreme Court

Case number

RS/INJUST/RC 00031/2024/SC

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.

Source excerpt

• Matrimonial property
• Land sale
• Limitation period
• Good faith purchaser
• Revision for injustice

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UBUSHINJACYAHA v KINYOGOTE

Court

Court of Appeal

Case number

RS/INJUST/RP 00005/2021/CA

The Court of Appeal upheld Hitimana Hubert’s conviction and prison sentence, but removed compensation for land purchase losses and left only litigation costs.

• Impersonation
• Forgery
• Fraud
• Land sale
• Compensation
• Application of new law

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KABANDA v. DEVELOPMENT BANK OF RWANDA (BRD) N’UNDI

Court

Court of Appeal

Case number

RCA 00001/2024/CA

Kabanda purchased the plot before Koperative GOBOKA mortgaged it to BRD. The High Court erred in holding the plot should remain registered to GOBOKA as collateral for BRD. The intervention by BRD was improperly granted as the mortgage was created after the sale. The appeal is allowed in all respects, restoring the prior judgment in Kabanda's favor.

Source excerpt

• Intervention in proceedings
• Mortgage
• Land sale
• Standing
• Evidence
• Remedies

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NYIRAHABIMANA VS HABIMANA N’ABANDI

Court

Supreme Court

Case number

RS/INJUST/RC 00011/2018/SC

The Supreme Court held that one heir could not annul a sale contract he did not join, but could recover the value of her 50% share of inherited land sold without consent.

• Co-ownership
• Land sale
• Succession property
• Contract validity
• Good faith purchase
• Action en revendication

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MUKAYIRANGA n’undi v. BARUTWANAYO NKWAKUZI n’abandi

Court

Court of Appeal

Case number

RCAA 00005/2021/CA

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.

• Land sale
• Ownership dispute
• Good faith purchaser
• Restitution
• Compensation for improvements
• Land-sale

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MUKAMANZI v. KWITUNGA ET AL

Court

Supreme Court

Case number

RCAA0019/14/CS

The Supreme Court of Rwanda dismissed Mukamanzi Laurence’s appeal as inadmissible, holding that she lost in both lower courts on similar grounds.

• Appellate jurisdiction
• Matrimonial property
• Land sale
• Proxy authorization
• Consent of spouse
• Appellate-jurisdiction

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