Rwanda Case Law

UWIMANA vs. NGIRUWONSANGA N’ABANDI

Court

Court of Appeal

Case number

RS/INJUST/RAD 00001/2022/CA

The court found that the land in dispute was sold by the applicant's late husband in accordance with the law and custom prevailing at the time, with no credible evidence of unlawful dispossession or lack of spousal representation. The applicant failed to prove her claims, and the prior judgments awarding the land to the respondents and imposing costs and damages on the applicant remain valid.

Source excerpt

• Matrimonial property
• Land ownership
• Sale of property
• Spousal consent
• Burden of proof
• Costs and damages

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GASHUMBA N’UNDI v NIRERE N’UNDI

Court

High Court

Case number

RS/INJUST/RC00004/2021/HC/RWG

The applicants failed to prove lawful acquisition of the property, as the sale was not consented to or signed by both registered owners (spouses), and the transfer was not executed before a notary as required by law. The property must revert to the original owners, and the applicants are entitled to restitution of the purchase price paid to the seller who received the funds.

Source excerpt

• Matrimonial property
• Land registration
• Sale of property
• Evidence
• Division of property on divorce
• Restitution of purchase price

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GASHUMBA N’UNDI v NIRERE N’UNDI

Court

High Court

Case number

RS/INJUST/RC00004/2021/HC/RWG

The applicants failed to prove lawful acquisition of the property because the sale and transfer were not consented to or signed by both registered owners (spouses), nor executed before a notary as required by law. The registration certificate alone is insufficient when the underlying transaction is void. The property must revert to the original owners, and the applicants are entitled to restitution of the purchase price from the seller. No additional damages or compensation are awarded as the applicants contributed to the irregularity.

Source excerpt

• Matrimonial property
• Land ownership
• Sale of property
• Evidence
• Restitution

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TWAGIRAYEZU ET AL v TWAGIRAYEZU ET AL

Court

Supreme Court

Case number

RS/INJUST/RC 00007/2020/SC

Heirs of Icyimpaye Marie Rose and Twagirayezu Aloys are entitled to recover co-owned property sold without their consent. It is not necessary for them to request cancellation of the sale contract to which they were not parties. The sale is valid only for Twagirayezu Albert's share (1/5); the remaining 4/5 must revert to the other heirs. Umumaranyota Agnès, as buyer in good faith, must be compensated for the actual value of the deprived property. Damages and procedural fees are awarded to both parties as justified.

Source excerpt

• Immovable property
• Co-ownership
• Sale of property
• Contract cancellation
• Damages
• Inheritance

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RLR -V. 2- 2018

Court

Supreme Court

The Supreme Court annulled a sale of matrimonial property made without spousal consent and ordered restitution, interest, and costs to the good-faith buyer.

• Matrimonial regime
• Sale of property
• Annulment of contract
• Good faith and bad faith in contracts
• Eviction of buyer
• Burden of proof

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MUKASHEMA v. AKAYEZU

Court

Supreme Court

Case number

RCAA 0040/15/CS

The Supreme Court held that evidence filed after hearings closed could not be relied on without reopening the case, and that no compensation was due because the buyer knew the seller was not the owner.

• Sale of property
• Ownership rights
• Compensation for invalid sale
• Admissibility of evidence
• Succession
• Admissibility-of-evidence

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