Rwanda Case Law

UBUSHINJACYAHA v MANIRAFASHA

Court

Court of Appeal

Case number

RPAA 00194/2022/CA

The sale agreement between Rutagengwa Georges (and wife) and Sibomana Jean Claude, executed before a Notary on 20/07/2018, is the only legally valid contract for the transfer of the disputed property, as required by Rwandan law. The earlier private agreement between Rutagengwa and Mambo Kalisa Charles (17/05/2010) is invalid for purposes of land transfer. No sufficient evidence was provided to support claims of fraud or disguised loan (banki lambert) in the notarial transaction. Damages for loss of use or emotional distress were denied for lack of proof; only legal costs were awarded to Sibom…

Source excerpt

• Sale of immovable property
• Formal validity of contracts
• Land registration
• Remedies for breach of contract

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COOPÉRATIVE DE DÉVELOPPEMENT DES ANCIENS CHAUFFEURS DE L’ETAT (CODACE) v NTAGANDA ABDALAHAMANI

Court

Court of Appeal

Case number

RS/INJUST/RCOM 00006/2021/CA

The Court of Appeal held that assignment of the debt did not transfer ownership of the vehicle, and affirmed the retrial decision ordering CODACE to return it.

• Assignment of debt
• Security interests
• Lease-purchase agreements
• Remedies for breach of contract
• Retrial for miscarriage of justice
• Assignment-of-debt

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SANLAM ASSURANCES GENERALES PLC v. NYIRANSHIMIYIMANA

Court

Court of Appeal

Case number

RS/INJUST/RCOM 00003/2021/CA

The Court of Appeal dismissed SANLAM’s review application, holding that the insurer failed to prove the insured received and accepted the exclusionary general conditions.

• Insurance contract formation
• Disclosure of contract terms
• Exclusion clauses
• Burden of proof
• Remedies for breach of contract
• Insurance-law

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