MUTEBI v. MUKAGASAZA

MUTEBI v. MUKAGASAZA

Article 39 of Law No. 59/2008 applies to cohabitants who separate, mandating equal division of property acquired during cohabitation, regardless of legal marriage status, and ensuring children's rights are preserved. Claims for compensation must be substantiated by evidence.

Source-derived case information.

Citation
RCAA0143/11/CS
Parties
Applicant: Mutebi Hamisi alias Fungamani; Respondent: Mukagasaza Amina
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
15 March 2013
Case Number
RCAA0143/11/CS
Procedural Posture
Civil Appeal / Final Judgment (supreme Court)
Outcome
appeal dismissed
Legal Topics
Division of Property for Unmarried Cohabitants, Application of Gender Based Violence Statute, Child Custody, Compensation for Legal Costs
Source Language
rw
Family Law Property Law Child Custody Division of Property for Unmarried Cohabitants Application of Gender Based Violence Statute Compensation for Legal Costs

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Parties

Mutebi Hamisi alias Fungamani

Applicant

Mukagasaza Amina

Respondent

Procedural Posture

Civil Appeal / Final Judgment (supreme Court)

  1. 1 Whether Article 39 of Law No. 59/2008 was misapplied by lower courts
  2. 2 Whether property acquired during cohabitation should be divided equally
  3. 3 Whether child custody and compensation claims were properly addressed

Ratio Decidendi

Article 39 of Law No. 59/2008 applies to cohabitants who separate, mandating equal division of property acquired during cohabitation, regardless of legal marriage status, and ensuring children's rights are preserved. Claims for compensation must be substantiated by evidence.

Court Disposition

appeal dismissed

Orders

  • Mutebi Hamisi to pay court fees of 29,700 RWF
  • Property divided: Mutebi retains house in Lyantonde-Uganda and plot at Mont Kigali; Mukagasaza retains house in Kacyiru and shop at Muhima