MUBERANDINDA v NSABIMANA N’ABANDI

MUBERANDINDA v NSABIMANA N’ABANDI

There is no contradiction between the Abunzi decision of 04/09/2009 and the Gasabo Intermediate Court judgment of 26/07/2013 because the parties, causes of action, and legal grounds differ; the Abunzi decision addressed a gift between Muberandinda and his father, while the later judgment concerned inheritance division among all heirs. The requirements for contradictory judgments under Article 82 of Law No. 062/2024 are not met.

Citation
RC 00003/2024/SC
Parties
Applicant: Muberandinda Frederic; Respondent: Nsabimana Léonard; Respondent: Nyirahishamunda Phoibe; Respondent: Ayimboneye Laurence; Respondent: Nyiramyavu Séraphine
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
17 January 2025
Case Number
RC 00003/2024/SC
Procedural Posture
Civil / Supreme Court Final Judgment
Outcome
claim dismissed
Legal Topics
Contradictory Judgments, Res Judicata, Partition of Inheritance, Authority of Final Judgment
Source Language
rw
Civil Procedure Succession Law Contradictory Judgments Res Judicata Partition of Inheritance Authority of Final Judgment

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 7 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Muberandinda Frederic

Applicant

Nsabimana Léonard

Respondent

Nyirahishamunda Phoibe

Respondent

Ayimboneye Laurence

Respondent

Nyiramyavu Séraphine

Respondent

Procedural Posture

Civil / Supreme Court Final Judgment

Legal Issues

  1. 1 Whether the Abunzi decision of 04/09/2009 contradicts the judgment RCA 0005/12/TGI/GSBO of 26/07/2013
  2. 2 Whether damages are due to any party

Ratio Decidendi

There is no contradiction between the Abunzi decision of 04/09/2009 and the Gasabo Intermediate Court judgment of 26/07/2013 because the parties, causes of action, and legal grounds differ; the Abunzi decision addressed a gift between Muberandinda and his father, while the later judgment concerned inheritance division among all heirs. The requirements for contradictory judgments under Article 82 of Law No. 062/2024 are not met.

Court Disposition

claim dismissed

Orders

  • The claim by Muberandinda Frederic is dismissed for lack of merit.
  • It is declared there is no contradiction between the Abunzi decision of 04/09/2009 and the Gasabo Intermediate Court judgment of 26/07/2013.