Rwanda Case Law

ABAZUNGURA BA MUGARAGU v NYIRAHAKIZIMANA N’UNDI

Court

Court of Appeal

Case number

RCAA00028/2022/CA

The Court of Appeal found that both lower courts dismissed the appellants' claims on the same substantive ground—failure to prove that the sale of the disputed property was fraudulent. Therefore, under Article 52(3) of Law No. 30/2018, the second appeal was inadmissible. The court also found the respondent entitled to partial legal costs and attorney fees due to prevailing on the preliminary objection.

Source excerpt

• Appellate jurisdiction
• Res judicata
• Burden of proof
• Family property
• Sale of inherited property

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NIYONSABA N’UNDI v NDAGIJIMANA N’UNDI

Court

Court of Appeal

Case number

RS/INJUST/RC 00006/2021/CA

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.

• Sale of inherited property
• Standing of heirs
• Rescission of contract
• Compensation for legal costs
• Succession-law
• Contract-law

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NIYONSABA n’undi V. DUKUZUMUREMYI n’undi

Court

Court of Appeal

Case number

RS/INJUST/RC 00006/2021/CA

The Court of Appeal dismissed a review-for-injustice claim over a sale of inherited property, holding the sale valid because the seller was the sole recognized heir at the time.

• Inheritance rights
• Sale of inherited property
• Standing in succession disputes
• Effect of court-approved succession
• Compensation for legal costs
• Succession-law

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GAHIRE v MUKARUSHAKO NA BAGENZI

Court

Supreme Court

Case number

RS/INJUST/RC 00008/2019/SC

The Supreme Court partly granted review for injustice, holding the disputed property was inherited land and the sale only bound the seller’s one-third share.

• Land ownership
• Sale of inherited property
• Capacity to contract
• Nullity of contracts by minors
• Partition of inheritance
• Procedural time limits

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