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Rwanda decisions
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The High Court held that sellers who failed to transfer land after full payment committed a fundamental breach, rescinded the sale, and ordered refund and damages.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 Commercial High Court allowed IMPACT PHARMA Ltd’s appeal, held the machine defect was not proved, upheld the sale contract, and reversed the first-instance 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.
Source excerpt
The Court of Appeal dismissed a review-for-injustice challenge, holding that a sale by a sole registered heir could not be annulled because other heirs were recognized later.
Applicants are entitled to reclaim their share of jointly owned property sold without consent; sale contract remains valid only for seller's share. Respondent must compensate buyer for value of evicted share. Ownership documents alone are insufficient without proof of acquisition. Legal fees and damages awarded proportionally.
Source excerpt
The Court of Appeal found a fundamental mistake over what land was sold, upheld rescission of the sale contract, and dismissed the applicant’s request for damages.
The Court of Appeal held that Esmaeil Khanabadi failed to meet the contract specifications for a wood drying machine, so BDF Ltd could rescind the contract and recover the advance.
The Court of Appeal held that the seller breached a machine sale contract, so BDF Ltd could rescind the agreement and recover the advance payment.
The Supreme Court held that a cow sold with a pre-existing hidden disease amounted to a hidden defect, so the seller had to refund the buyer and pay damages.
The Commercial High Court dismissed Agaba’s appeal, finding he admitted sending electronic evidence showing a different vehicle than the one delivered.
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