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Rwanda decisions
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The Supreme Court held that two final judgments over the same property were contradictory, set both aside, and ordered restitution of the purchase prices paid.
Only the notarized sale agreement of 11/07/2017 between Rwambonera Maurice and Uwizeye Louise (and her husband) is valid under Rwandan law, as it complies with the legal requirement for notarial execution. The prior private agreement between Murereyimana DĂ©oclens and Rwambonera Maurice is invalid for lack of notarial formality. Therefore, Uwizeye Louise and Rutagengwa Rugumaho John are entitled to be registered as owners of UPI:1/03/07/05/855. Claims for damages are denied for lack of substantiation, but legal costs and attorney fees are awarded to the successful parties.
Source excerpt
The Court of Appeal held that a private sale agreement for immovable property is invalid without the statutory notarial form. The notarized transfer won.
The Supreme Court held that a general power of attorney did not authorize sale of the disputed land, so the sale and later title transfers were void.
The High Court held that the appeal was well founded, upheld the sale agreement, and ordered mutation of the house into Batamuriza's name on payment of the balance.
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