MUKABARUNGI v. GATSINZI

MUKABARUNGI v. GATSINZI

The house on plot no 4423 Remera III was acquired after the date of legal separation (28/06/2000), which marked the end of the joint property regime. Therefore, it is not matrimonial property and should not be divided. Mukabarungi failed to provide evidence that the property originated from the joint estate....

Source-derived case information.

Citation
RCAA 0007/13/CS
Parties
Applicant: Mukabarungi Julienne; Respondent: Gatsinzi Marcel; Interested Party: Irebe Gatsinzi Lars
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
17 April 2014
Case Number
RCAA 0007/13/CS
Procedural Posture
Civil Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
Separation of Property, Divorce, Division of Matrimonial Assets, Compensation for Vexatious Litigation
Source Language
rw
Family Law Property Law Separation of Property Divorce Division of Matrimonial Assets Compensation for Vexatious Litigation

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Parties

Mukabarungi Julienne

Applicant

Gatsinzi Marcel

Respondent

Irebe Gatsinzi Lars

Interested Party

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 Whether the house on plot no 4423 Remera III should be included in the matrimonial property to be divided between Gatsinzi Marcel and Mukabarungi Julienne
  2. 2 Whether Gatsinzi Marcel is entitled to compensation for vexatious litigation

Ratio Decidendi

The house on plot no 4423 Remera III was acquired after the date of legal separation (28/06/2000), which marked the end of the joint property regime. Therefore, it is not matrimonial property and should not be divided. Mukabarungi failed to provide evidence that the property originated from the joint estate. Compensation for vexatious litigation was denied as Gatsinzi did not show how damages were calculated nor prove malicious intent by Mukabarungi.

Court Disposition

appeal dismissed

Orders

  • Plot no 4423 and the house thereon are not to be divided between Gatsinzi Marcel and Mukabarungi Julienne.
  • Mukabarungi Julienne to pay court fees of 226,400 Frw.