Re Mukashyaka

Re Mukashyaka

The Court of Appeal held that the High Court erred by refusing exequatur for the Canadian order on child maintenance, as the order met all requirements under Article 44 of Law N°30/2018. The source of payment is not a matter for the court at exequatur but for enforcement authorities. The foreign judgment is not...

Source-derived case information.

Citation
RCA 00005/2021/CA
Parties
Appellant: Mukashyaka Pascasie; Respondent: Bizimana John Bosco
Court
Court of Appeal
Jurisdiction
Rwanda
Judgment Date
26 November 2021
Case Number
RCA 00005/2021/CA
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
appeal allowed
Legal Topics
Exequatur of Foreign Judgments, Child Maintenance, Divorce, Enforcement of Foreign Court Orders
Private International Law Family Law Exequatur of Foreign Judgments Child Maintenance Divorce Enforcement of Foreign Court Orders

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

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

Parties

Mukashyaka Pascasie

Appellant

Bizimana John Bosco

Respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

  1. 1 Whether the High Court erred in refusing to enforce the Canadian court order on child maintenance in Rwanda

Ratio Decidendi

The Court of Appeal held that the High Court erred by refusing exequatur for the Canadian order on child maintenance, as the order met all requirements under Article 44 of Law N°30/2018. The source of payment is not a matter for the court at exequatur but for enforcement authorities. The foreign judgment is not contrary to Rwandan law or public policy, was final, authentic, and the respondent's right to be heard was respected.

Court Disposition

appeal allowed

Orders

  • The appeal by Mukashyaka Pascasie is allowed.
  • The High Court decision is modified regarding Ordonnance FC-13-1573-1.