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The High Court upheld the notarized land sale to Kamikazi Fiona, held it prevailed over earlier private agreements, and found no damages were due.
The land sale agreement dated 25/06/2014 is void because it was not executed before a notary and was not signed by both spouses as required for jointly owned property. Consequently, the land remains with Munyarukato Eric and Numubyeyi Diane, and Mutuyeyezu Jean Bosco is entitled to restitution of all amounts paid plus interest at the prevailing average lending rate.
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The Court of Appeal dismissed CODENYA MULTISERVICES Ltd’s retrial claim, upheld Nzeyimana Fred’s entitlement to expropriation compensation, and awarded costs.
The sale agreement between Nyandwi François and Uzabakiriho Jean was a private document not executed before a notary, rendering it void and incapable of effecting a valid land transfer. Consequently, Nyandwi François has no legal right to the land, nor to compensation for the lost portion or demolished structures, as his actions were not legally protected. Uzabakiriho Jean is entitled to nominal compensation for being subjected to unnecessary litigation.
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The High Court held that sellers who failed to transfer land after full payment committed a fundamental breach, rescinded the sale, and ordered refund and damages.
The Court of Appeal held that the claim was properly brought in the court of the defendants' residence because the relief sought was rescission of contract, not recovery of immovable property. The sale agreement was valid at the time of execution, with no evidence that the sellers knew the land was state property or that they committed fraud. The subsequent reclassification of the land as a wetland/state property did not retroactively invalidate the contract. Therefore, there was no basis to rescind the contract or order restitution or damages.
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