Rwanda Case Law

UWIZEYE N’UNDI v. MUREREYIMANA

Court

Court of Appeal

Case number

RS/INJUST/RC00025/2022/CA

Only the notarized sale agreement of 11/07/2017 between Rwambonera Maurice and Uwizeye Louise (and her husband) is valid under Rwandan law, as it complies with the legal requirement for notarial execution. The prior private agreement between Murereyimana Déoclens and Rwambonera Maurice is invalid for lack of notarial formality. Therefore, Uwizeye Louise and Rutagengwa Rugumaho John are entitled to be registered as owners of UPI:1/03/07/05/855. Claims for damages are denied for lack of substantiation, but legal costs and attorney fees are awarded to the successful parties.

Source excerpt

• Land transfer
• Validity of sale agreements
• Notarial requirements
• Burden of proof
• Damages

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UWIZEYE N’UNDI v. MUREREYIMANA

Court

Court of Appeal

Case number

RS/INJUST/RC00025/2022/CA

The Court of Appeal held that a private sale agreement for immovable property is invalid without the statutory notarial form. The notarized transfer won.

• Land transfer
• Validity of sale agreements
• Notarial requirements
• Burden of proof
• Damages and costs
• Land-transfer

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YAMURAGIYE v GATABAZI

Court

High Court

Case number

RCA 000189/2022/HC/KIG

The High Court held that the buyer had proved full payment for land sold by an absent seller and ordered mutation of the property in her favor.

• Land transfer
• Contract of sale
• Mutation of property
• Evidence in civil cases
• Land-transfer
• Property-law

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BONANE N’ABANDI vs MUKANSANGA N’ABANDI

Court

Court of Appeal

Case number

RCA 00007/2023/CA-RCA 00008/2023/CA

The Court of Appeal partly allowed the appeal, letting construction continue but keeping the disputed land from being transferred pending the main case.

• Urgent applications
• Land transfer
• Interlocutory relief
• Injunctions
• Ownership disputes
• Urgent-applications

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MATABARO v NYIRAHARORIMANA NABANDI

Court

High Court

Case number

RCA 00078/2021/HC/NYZ

The transfer of land rights from Succession Ngiyembere to Matabaro Gaston is invalid because not all heirs, specifically Usabyemariya Salomé, consented or signed the sale agreement as required by law. The sale agreement was not executed before a notary, rendering it legally ineffective. Therefore, the appeal lacks merit and the lower court's decision stands.

Source excerpt

• Land transfer
• Succession
• Family property
• Formal requirements for land transactions

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RUHUMURIZA v. NYIRABIHOGO N’ABANDI

Court

Court of Appeal

Case number

RCAA00010/2022/CA CMB RCAA 00017/2022/CA

The Court of Appeal held that only notarial sale agreements executed after the parties entered into a community of property marriage are valid for purposes of land transfer and mutation. Private agreements made before marriage, without the spouse's knowledge or participation, cannot defeat the spouse's rights under the community property regime. The applicable law is that in force at the time the agreements were executed, and the High Court did not err in its assessment or legal reasoning.

Source excerpt

• Matrimonial property
• Land transfer
• Contracts
• Evidence
• Appeal procedure

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MUKANDORI v KAYITESI

Court

Supreme Court

Case number

RS/INJUST/RC 00014/2021/SC

The Supreme Court held that the plot remained Mukandori’s because no valid written land transfer existed, but Kayitesi owned the house she built and had to be compensated.

• Immovable property
• Land transfer
• Compensation for improvements
• Family property
• Burden of proof
• Land-transfer

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NYIRABIHOGO v. RUHUMURIZA

Court

High Court

Case number

RCA 00161/2021/HC/KIG

The Court of Appeal upheld the High Court’s finding that post-marriage land sale agreements made without spousal consent were invalid under community property rules.

• Matrimonial property
• Land transfer
• Contracts
• Evidence
• Appeals
• Matrimonial-property

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WHITEFIELD INVESTMENT COMPANY LTD v. THOMAS AND PIRON GRAND LACS

Court

Court of Appeal

Case number

RCOM 00011/2020/CA

The Court of Appeal held that the later land judgment was contradictory with earlier final commercial judgments and set it aside.

• Contradictory judgments
• Res judicata
• Land transfer
• Arbitration clauses
• Contradictory-judgments
• Res-judicata

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