MURAYIRE v SINDIKUBWABO

MURAYIRE v SINDIKUBWABO

Supreme Court found that refusal to grant divorce was unjust given three years of separation and mutual consent; divorce granted on applicant's fault. Matrimonial property to be sold and proceeds divided equally; respondent solely liable for Opportunity Bank debt. Claims for rental income and indemnities denied due...

Source-derived case information.

Citation
RS/REV/INJUST/CIV 0029/16/CS
Parties
Applicant: Murayire Marie Aimable; Respondent: Sindikubwabo Louis
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
1 June 2018
Case Number
RS/REV/INJUST/CIV 0029/16/CS
Procedural Posture
Civil Revision (family/divorce) / Final Judgment (supreme Court)
Outcome
divorce granted; revision allowed in part
Legal Topics
Divorce, Division of Matrimonial Property, Revision for Injustice, Spousal Rights, Evidence in Civil Cases
Source Language
rw
Family Law Civil Procedure Divorce Division of Matrimonial Property Revision for Injustice Spousal Rights Evidence in Civil Cases

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Parties

Murayire Marie Aimable

Applicant

Sindikubwabo Louis

Respondent

Procedural Posture

Civil Revision (family/divorce) / Final Judgment (supreme Court)

Legal Issues

  1. 1 Whether refusal to grant divorce constituted injustice warranting revision
  2. 2 Whether applicant proved grounds for divorce under Rwandan law
  3. 3 How matrimonial property should be divided upon divorce

Ratio Decidendi

Supreme Court found that refusal to grant divorce was unjust given three years of separation and mutual consent; divorce granted on applicant's fault. Matrimonial property to be sold and proceeds divided equally; respondent solely liable for Opportunity Bank debt. Claims for rental income and indemnities denied due to lack of evidence.

Court Disposition

divorce granted; revision allowed in part

Orders

  • Divorce between Murayire Marie Aimable and Sindikubwabo Louis granted; marriage contract of 11/09/2004 dissolved.
  • Immovable property at UPI 5/06/04/1566 (Ngoma) and UPI 2/08/04/1537 (Kamonyi) to be sold and proceeds divided equally.