RE DOREBABA

RE DOREBABA

The marriage certificate from DRC meets the requirements of Rwandan law for enforcement: it is authentic, not contrary to public order, and allows the applicant to exercise her rights as a surviving spouse.

Citation
RLR V.1 - 2015
Parties
Applicant: Dorebaba Rugomboka; Spouse (deceased): Ntwari Gatari
Court
High Court
Jurisdiction
Rwanda
Judgment Date
7 March 2013
Case Number
RCA 0051/13/HC/KIG
Procedural Posture
Petition for Exequatur (enforcement of Foreign Marriage Certificate) / Final Judgment at High Court
Outcome
petition admitted and granted
Legal Topics
Exequatur, Enforcement of Foreign Judgments, Marriage Certificate, Public Order, Authenticity of Foreign Documents
Source Language
en
Family Law Private International Law Civil Procedure Exequatur Enforcement of Foreign Judgments Marriage Certificate Public Order Authenticity of Foreign Documents

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Parties

Dorebaba Rugomboka

Applicant

Ntwari Gatari

Spouse (deceased)

Procedural Posture

Petition for Exequatur (enforcement of Foreign Marriage Certificate) / Final Judgment at High Court

Legal Issues

  1. 1 Whether the marriage certificate issued in the Democratic Republic of Congo can be enforced in Rwanda under Rwandan law

Ratio Decidendi

The marriage certificate from DRC meets the requirements of Rwandan law for enforcement: it is authentic, not contrary to public order, and allows the applicant to exercise her rights as a surviving spouse.

Court Disposition

petition admitted and granted

Orders

  • The marriage certificate (extract of register of marriage) between Dorebaba Rugomboka and Ntwari Gatari celebrated in DRC on 18/07/1987 is to be enforced in Rwanda.
  • Applicant to pay court fees of 7,000 Rwf deducted from deposited fees.