Rwanda Case Law

KARUMUHINZI BAUDOUX vs NYIRAKAZIGA

Court

Court of Appeal

Case number

RS/INJUST/RC 00007/2021/CA

The applicant failed to prove ownership of the disputed land or that the sale was fraudulent. The sale contract remains valid. Damages for distress cannot be considered as they were not raised in the original proceedings. Costs and attorney fees are awarded to the respondent in a reduced amount due to lack of substantiation for higher sums.

Source excerpt

• Ownership of immovable property
• Nullity of sale contracts
• Action en revendication
• Burden of proof
• Review for injustice
• Damages

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Karumuhizi v Nyirakaziga

Court

Court of Appeal

Case number

RS/INJUST/RC 00007/2021/CA

Karumuhinzi Baudoux Claire failed to prove with credible evidence that the disputed property belonged to her and not to Karumuhinzi Laura, who sold it to Nyirakaziga Kabeja Anne Marie. The sale was conducted before local authorities and the property was registered to the respondent. The applicant's claims for nullification, damages, and costs lack merit. The prior High Court judgment stands.

Source excerpt

• Ownership of immovable property
• Nullity of sale contracts
• Burden of proof
• Review for injustice
• Damages and costs

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RWAMPUNGA v RWASABAHIZI NUNDI

Court

Court of Appeal

Case number

RS/INJUST/RC 00003/2023/CA

The Court of Appeal held that Rwasabahizi Peter proved lawful origin of the house, ordered title transferred to him, and awarded reimbursement for repairs.

• Ownership of immovable property
• Proof of title
• Restitution for improvements
• Procedural rules for evidence
• Compensation for legal costs
• Immovable-property-ownership

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gshabizi v ndayishimiye

Court

Court of Appeal

Case number

RCAA 00021/2021/CA-RCAA00022/2021/CA

The Court of Appeal dismissed competing appeals over ownership of registered land, holding that managing property or collecting rent does not prove ownership.

• Ownership of immovable property
• Burden of proof
• Succession
• Joint property in marriage
• Appeal procedure
• Property-ownership-dispute

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ABAZUNGURA BA GASHABIZI N’UNDI V NDAYISHIMIYE

Court

Court of Appeal

Case number

RCAA 00021/2021/CA- RCAA 00022/2021/CA

The appellants failed to provide sufficient evidence that the property registered in the names of Ndayishimiye Pascal and Ndayishimiye Rebecca ever belonged to Gashabizi Gérard or was transferred to them through any legally recognized means. Management, improvement, or collection of income from the property by Gashabizi Gérard does not constitute proof of ownership. Claims for rental income and joint account were not properly raised at first instance and are inadmissible on appeal. Each party must bear its own costs as none prevailed.

Source excerpt

• Ownership of immovable property
• Burden of proof
• Succession
• Joint property in marriage
• Appeals process

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