NYIRAKAMANA ET AL v. MUKASHARANGABO ET AL_232769_en

NYIRAKAMANA ET AL v. MUKASHARANGABO ET AL_232769_en

The marriage between Karimunda Gérard and Nyirakamana Marciana is invalid because it was contracted before the dissolution of the previous marriage to Mukasharangabo Eugénie. However, Nyirakamana Marciana is entitled to half of the property she co-owned with Karimunda from the start of their cohabitation. Mukasharangabo Eugénie is entitled to half of the property co-owned with Karimunda until her abandonment in 1965. The testament of 25 August 1981 is invalid as it discriminated against female children and was tacitly revoked. The donation of the house at Gikondo to Central Motors and Parts Sarl is invalid as it was made without the co-owner's consent and with discriminatory intent. All...

Citation
RLR V.2-2017
Parties
Applicant: Nyirakamana Marciana; Applicant: Karangwa Denis; Applicant: Central Motors and Parts Sarl; Respondent: Mukasharangabo Eugénie; Respondent: Successors of Bitwayiki Martin; Respondent: Successors of Ntahobari Nasson; Respondent: Successors of Mukanoheli; Respondent: Successors of Mukandekezi Alphonsine; Respondent: Mukandori Epiphanie; Respondent: Nyirashema Marie; Respondent: Karimunda Hakizimana Alphonse; Intervener: GT Bank Ltd (formerly FINA Bank)
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
4 December 2015
Case Number
RS/REV/INJUST/CIV0007/15/CS
Procedural Posture
Civil Review / Supreme Court Final Judgment
Outcome
Claim for review admitted in part; previous High Court judgment changed in part.
Legal Topics
Marriage Validity, Bigamy, Property Sharing, Testament Validity, Gender Discrimination, Donation Contract, Succession Ab Intestat
Source Language
en, rw
Family Law Succession Law Property Law Marriage Validity Bigamy Property Sharing Testament Validity Gender Discrimination +2 more

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Parties

Nyirakamana Marciana

Applicant

Karangwa Denis

Applicant

Central Motors and Parts Sarl

Applicant

Mukasharangabo Eugénie

Respondent

Successors of Bitwayiki Martin

Respondent

Successors of Ntahobari Nasson

Respondent

Successors of Mukanoheli

Respondent

Successors of Mukandekezi Alphonsine

Respondent

Mukandori Epiphanie

Respondent

Nyirashema Marie

Respondent

Karimunda Hakizimana Alphonse

Respondent

GT Bank Ltd (formerly FINA Bank)

Intervener

Procedural Posture

Civil Review / Supreme Court Final Judgment

Legal Issues

  1. 1 Whether the marriage between Karimunda Gérard and Nyirakamana Marciana is valid given the prior undissolved marriage to Mukasharangabo Eugénie
  2. 2 How property should be shared between Mukasharangabo Eugénie and Nyirakamana Marciana
  3. 3 Whether the testament made by Karimunda Gérard on 25 August 1981 is valid

Ratio Decidendi

The marriage between Karimunda Gérard and Nyirakamana Marciana is invalid because it was contracted before the dissolution of the previous marriage to Mukasharangabo Eugénie. However, Nyirakamana Marciana is entitled to half of the property she co-owned with Karimunda from the start of their cohabitation. Mukasharangabo Eugénie is entitled to half of the property co-owned with Karimunda until her abandonment in 1965. The testament of 25 August 1981 is invalid as it discriminated against female children and was tacitly revoked. The donation of the house at Gikondo to Central Motors and Parts Sarl is invalid as it was made without the co-owner's consent and with discriminatory intent. All...

Court Disposition

Claim for review admitted in part; previous High Court judgment changed in part.

Orders

  • Mukasharangabo Eugénie is entitled to half of the property co-owned with Karimunda Gérard until 1965.
  • Nyirakamana Marciana is entitled to half of the property co-owned with Karimunda Gérard from 26 November 1970 onward.