MUKANKUBITO v NABIMANA word 2010

MUKANKUBITO v NABIMANA word 2010

The Supreme Court held that under the Constitution Law of 20/12/1978, only marriages concluded before a civil status officer were legally recognized. The evidence produced by Mukankubito Daphrose, including religious marriage certificates, identification cards, and documents from Belgium and NIDA, did not meet the legal standard for proof of marriage. The marriage certificate from Kacyiru commune was not original and not based on authentic records. Therefore, the claim for a suppletive judgment for a marriage certificate was without merit, and the previous judgment was sustained.

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 Case Review (suppletive Judgment for Marriage Certificate) / Supreme Court Review Due to Alleged Injustice
Outcome
Application for review due to injustice dismissed; previous judgment sustained.
Legal Topics
Marriage Validity, Suppletive Judgment, Evidence in Marriage Disputes, Recognition of Religious Marriage, Civil Status Documentation
Source Language
en
Family Law Civil Procedure Marriage Validity Suppletive Judgment Evidence in Marriage Disputes Recognition of Religious Marriage Civil Status Documentation

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Parties

Mukankubito Daphrose

Applicant

Nabimana Pierre

Respondent

Procedural Posture

Civil Case Review (suppletive Judgment for Marriage Certificate) / Supreme Court Review Due to Alleged Injustice

Legal Issues

  1. 1 Whether the religious marriage of 1983 between Mukankubito Daphrose and Nabimana Pierre was recognized as a legal marriage under the law in force at the time
  2. 2 Whether the evidence produced by Mukankubito Daphrose (ID card, marriage certificates, documents from Belgium, NIDA documents) was sufficient to prove a legal marriage
  3. 3 Whether damages and costs should be awarded to either party

Ratio Decidendi

The Supreme Court held that under the Constitution Law of 20/12/1978, only marriages concluded before a civil status officer were legally recognized. The evidence produced by Mukankubito Daphrose, including religious marriage certificates, identification cards, and documents from Belgium and NIDA, did not meet the legal standard for proof of marriage. The marriage certificate from Kacyiru commune was not original and not based on authentic records. Therefore, the claim for a suppletive judgment for a marriage certificate was without merit, and the previous judgment was sustained.

Court Disposition

Application for review due to injustice dismissed; previous judgment sustained.

Orders

  • Claim for suppletive judgment for marriage certificate dismissed.
  • Judgment RCA0106/15/TGI/NYGE of 18/05/2015 sustained.