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Rwanda decisions
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The Court of Appeal held that Rucamihigo had lost on the same substantive ground in both lower courts, so his second appeal was inadmissible for lack of jurisdiction.
The Court of Appeal held that a settlement agreement signed in court on 24/06/2024 was binding and ended the dispute over the land compensation.
The High Court dismissed De Bondt Aimé André’s appeal and Candolfi Charlotte’s cross-appeal, upheld the first instance judgment, and ordered mutation and payment terms to stand.
The High Court partially allowed an appeal over a house sale dispute, upheld rescission of the contract, ordered transfer to the buyers, and revised the refund amount.
The High Court held that sellers who failed to transfer land after full payment committed a fundamental breach, rescinded the sale, and ordered refund and damages.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 buyer (Nyirahabimana Emertha) failed to pay the full purchase price by the agreed date but paid over 93% of the price. The court, exercising its discretion, grants a one-month grace period to pay the outstanding balance with interest. If not paid within this period, the contract will be terminated, the property returned to the seller, and the buyer must pay rent from the date the termination claim was filed. Damages are awarded only to the extent justified and proportionate to the breach.
Source excerpt
The Supreme Court held that the buyer could withhold the final payment because the seller failed to deliver vacant possession as agreed, so interest and penalties were set aside.
The court found both parties partly at fault in a property sale dispute, ordering payment of the balance due, transfer of title, and half the rent.
The defendant was bound by the lease agreement to offer the property to the plaintiff at a price not exceeding $450,000. The defendant's attempt to increase the price and subsequent termination of the lease were invalid, as he continued to accept rent, and the plaintiff did not make a counter-offer. The lease and the right of first refusal remained enforceable.
Source excerpt
The Commercial High Court held that the lease remained valid, the respondent was bound by the agreed $450,000 sale price, and the termination for non-payment failed.
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