MUKANKUBITO v NABIMANA

MUKANKUBITO v NABIMANA

The Supreme Court held that under the Constitution of 20/12/1978 and applicable laws, only a marriage concluded before a civil registration officer is recognized as legal marriage. The applicant failed to produce a valid marriage certificate or credible testimony proving civil marriage. Documents such as identity cards, church certificates, and foreign administrative records are not sufficient to prove civil marriage. Therefore, the application for review due to injustice lacks merit.

Citation
RLR V.3-2021
Parties
Applicant: Mukankubito Daphrose; Respondent: Nabimana Pierre
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
3 March 2020
Case Number
RS/INJUST/RC 00009/2019/SC
Procedural Posture
Civil / Supreme Court Review of Intermediate Court Judgment Due to Alleged Injustice
Outcome
Application for review dismissed; prior judgment upheld.
Legal Topics
Civil Marriage, Suppletive Judgment, Proof of Marriage, Religious Vs Civil Marriage, Documentary Evidence
Source Language
en
Family Law Evidence Law Civil Marriage Suppletive Judgment Proof of Marriage Religious Vs Civil Marriage Documentary Evidence

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 5 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Mukankubito Daphrose

Applicant

Nabimana Pierre

Respondent

Procedural Posture

Civil / Supreme Court Review of Intermediate Court Judgment Due to Alleged Injustice

Legal Issues

  1. 1 Whether the Intermediate Court disregarded applicable law at the time of the alleged marriage
  2. 2 Whether the Intermediate Court disregarded evidence proving civil marriage between Mukankubito and Nabimana
  3. 3 Whether damages should be awarded to either party

Ratio Decidendi

The Supreme Court held that under the Constitution of 20/12/1978 and applicable laws, only a marriage concluded before a civil registration officer is recognized as legal marriage. The applicant failed to produce a valid marriage certificate or credible testimony proving civil marriage. Documents such as identity cards, church certificates, and foreign administrative records are not sufficient to prove civil marriage. Therefore, the application for review due to injustice lacks merit.

Court Disposition

Application for review dismissed; prior judgment upheld.

Orders

  • Application for review due to injustice is dismissed for lack of merit.
  • Judgment RCA0106/15/TGI/NYGE of 18/05/2015 is upheld.