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The Court of Appeal held that a clarification ruling cannot be used to revive a late appeal on the principal judgment. The appeal was dismissed as out of time.
The Court of Appeal found that Acte de notoriété No 79/86 and similar documents did not meet statutory requirements and thus had no legal value, but this did not affect the outcome because other evidence, including the purchase agreement and consistent testimony of all siblings except the applicant, established that the disputed land (UPI:1/03/02/04/301) belonged to Mukangenzi Clémence and Rukira Isidore, not the parents. The land registration certificate in the parents' names was obtained irregularly and could be set aside. The settlement agreement of 04/05/2024 was binding except for the di…
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The Court of Appeal held that a unilateral application may only be used where there is no dispute, and set aside judgments based on an irregular filing.
The Supreme Court held that Tuyishime Samuel lacked standing to seek resolution of conflicting judgments over family property while his mother remained alive.
The Court of Appeal accepted Sindambiwe David’s withdrawal of the suit, with the opposing party’s consent, and restored the parties to their pre-litigation positions.
A deceased person lacks legal capacity to appeal; only successors may appeal, and must do so in their own names and interests. An appeal filed in the name of the deceased is inadmissible and cannot be regularized. The appeal by Irto Mattia (deceased) was not accepted for lack of capacity and standing.
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There was no clerical error by the Court of Appeal in the description of Mugiraneza Eric's parentage in judgment No RCAA 00029/2018/CA, as the same information was used throughout all proceedings without objection or request for correction by the applicant or his counsel. Therefore, the application for rectification is unfounded.
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The Supreme Court confirmed and enforced a mediated settlement resolving a succession dispute over estate land, ending the case without further proceedings.
The transfer of land rights from Succession Ngiyembere to Matabaro Gaston is invalid because not all heirs, specifically Usabyemariya Salomé, consented or signed the sale agreement as required by law. The sale agreement was not executed before a notary, rendering it legally ineffective. Therefore, the appeal lacks merit and the lower court's decision stands.
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The Supreme Court held that a succession completed in 2000 remained valid despite later paternity recognition in 2006, but awarded the applicants 500,000 Frw not included in that succession.
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