Rwanda Case Law

TWAGIRAYEZU ET AL v. BANQUE POPULAIRE DU RWANDA (BPR)_180833_en

Court

Supreme Court

Case number

RS/REV/INJUST/CIV 0004/15/CS

The sale contract between Twagirayezu Thadée and Rushirabwoba Aimable was valid upon agreement on object and price, transferring ownership to the buyers even without delivery of title. Consequently, Rushirabwoba Aimable had no right to mortgage the property to BPR, rendering the mortgage contract invalid. The existence of conflicting final judgments on the same property justified review for injustice, and the applicants were entitled to registration of the property and counsel fees.

Source excerpt

• Validity of sale contract
• Transfer of ownership
• Mortgage on immovable property
• Conflict of judgments
• Damages and counsel fees

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MBERABAGABO ET AL v. FIAT AMELIE ET AL

Court

Supreme Court

Case number

RS/REV/INJUST/COM 0001/13/SC

The Supreme Court upheld the Commercial High Court’s competence to hear a review for injustice, confirmed the validity of a pre-auction redemption sale, and held only two defendants liable for lost rent.

• Review of judgment
• Competence of court
• Auction procedure
• Redemption of seized property
• Damages for lost rent
• Liability for torts

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