From Injustice to Ownership: How Legal Aid Helped Betty Protect Her Land Rights
When MBABAZI Bettyā€™s ownership of a parcel of land was challenged, legal aid helped her navigate the justice system and secure judicial confirmation of her ownership.
MBABAZI Betty, a resident of Kiramuruzi Sector, Gatsibo District, received a parcel of land from her father, KAMANZI Damasi in 2017. Damasi and his wife, UWANTEGE Jackline,
had been recognised as heirs to the estate of the late TWAHIRWA benon.
They subsequently transferred the land to Betty as a gift, and it was registered in her name.
The ownership was later challenged through the Abunzi process and before the Primary Court of Kiramuruzi. The Court invalidated the transfer, finding that Bettyā€™s father and his wife had lacked authority to transfer the land.
Believing that the evidence establishing the succession and transfer had not been properly considered, Betty sought assistance from the Legal Aid Forum. She was represented by Me MUKARUGERO Julienne, who supported her in pursuing available legal remedies.
Following a review by the Office of the Ombudsman, concerns were raised regarding the assessment of the evidence. The President of the Supreme Court subsequently ordered the case to be reviewed on grounds of injustice and referred it to the High Court of Nyagatare.
On 11 April 2024, the High Court delivered its judgment in RS/INJUST/RC 00002/2023/TGI/NYG. After examining the succession and land-transfer documents, the Court found that Damasi and Jackline had been recognised as heirs before the transfer to Betty. The Court also considered the subsequent claim by UWAGIRA Betty, who had later been recognized as a child of KAMANZI Damasi.
The High Court concluded that the succession and transfer had been completed in accordance with the applicable legal requirements at the relevant time. It therefore overturned the Primary Courtā€™s decision and ordered that the land remain registered in MBABAZI Bettyā€™s name.
Impact of Legal Aid
For Betty, legal aid provided more than representation. It enabled her to navigate a complex succession and land dispute, present relevant evidence, and access available legal remedies.
Her case demonstrates the importance of access to justice and quality legal representation in protecting property rights and ensuring that individuals have an opportunity to have their claims fairly considered.
Case outcome: The High Court of Nyagatare overturned the earlier decision and confirmed that the disputed land should remain registered in MBABAZI Bettyā€™s name.
MBABAZI Betty, a resident of Kiramuruzi Sector, Gatsibo District, received a parcel of land from her father, KAMANZI Damasi in 2017. Damasi and his wife, UWANTEGE Jackline,
had been recognised as heirs to the estate of the late TWAHIRWA benon.
They subsequently transferred the land to Betty as a gift, and it was registered in her name.
The ownership was later challenged through the Abunzi process and before the Primary Court of Kiramuruzi. The Court invalidated the transfer, finding that Bettyā€™s father and his wife had lacked authority to transfer the land.
Believing that the evidence establishing the succession and transfer had not been properly considered, Betty sought assistance from the Legal Aid Forum. She was represented by Me MUKARUGERO Julienne, who supported her in pursuing available legal remedies.
Following a review by the Office of the Ombudsman, concerns were raised regarding the assessment of the evidence. The President of the Supreme Court subsequently ordered the case to be reviewed on grounds of injustice and referred it to the High Court of Nyagatare.
On 11 April 2024, the High Court delivered its judgment in RS/INJUST/RC 00002/2023/TGI/NYG. After examining the succession and land-transfer documents, the Court found that Damasi and Jackline had been recognised as heirs before the transfer to Betty. The Court also considered the subsequent claim by UWAGIRA Betty, who had later been recognized as a child of KAMANZI Damasi.
The High Court concluded that the succession and transfer had been completed in accordance with the applicable legal requirements at the relevant time. It therefore overturned the Primary Courtā€™s decision and ordered that the land remain registered in MBABAZI Bettyā€™s name.
Impact of Legal Aid
For Betty, legal aid provided more than representation. It enabled her to navigate a complex succession and land dispute, present relevant evidence, and access available legal remedies.
Her case demonstrates the importance of access to justice and quality legal representation in protecting property rights and ensuring that individuals have an opportunity to have their claims fairly considered.
Case outcome: The High Court of Nyagatare overturned the earlier decision and confirmed that the disputed land should remain registered in MBABAZI Bettyā€™s name.
When MBABAZI Bettyā€™s ownership of a parcel of land was challenged, legal aid helped her navigate the justice system and secure judicial confirmation of her ownership....
