RIZIKI v. MUBIRIGI

RIZIKI v. MUBIRIGI

Where spouses married under community property regime fail to agree on property sharing upon divorce, the court must order sale of the property and equal sharing of proceeds, as the law does not mandate allocation of property to the parent with custody absent agreement. The claim of injustice is unfounded as the law was properly applied.

Citation
RLR V.3-2021
Parties
Applicant: Riziki Nicole; Respondent: Mubirigi Rwamfizi Jean Paul
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
29 November 2019
Case Number
RS/INJUST/RC00001/2019/SC
Procedural Posture
Family Law Divorce / Supreme Court Review of Intermediate Court Judgment
Outcome
Claim for review due to injustice is admitted but found without merit; previous judgment upheld.
Legal Topics
Divorce, Community Property, Property Sharing, Child Custody, Alimony
Source Language
en
Family Law Divorce Community Property Property Sharing Child Custody Alimony

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Parties

Riziki Nicole

Applicant

Mubirigi Rwamfizi Jean Paul

Respondent

Procedural Posture

Family Law Divorce / Supreme Court Review of Intermediate Court Judgment

Legal Issues

  1. 1 Whether the house at plot UPI 1/03/05/04/596 should remain with Riziki Nicole for the children's accommodation or be sold and proceeds shared
  2. 2 Whether the previous judgments entailed injustice in property sharing and alimony

Ratio Decidendi

Where spouses married under community property regime fail to agree on property sharing upon divorce, the court must order sale of the property and equal sharing of proceeds, as the law does not mandate allocation of property to the parent with custody absent agreement. The claim of injustice is unfounded as the law was properly applied.

Court Disposition

Claim for review due to injustice is admitted but found without merit; previous judgment upheld.

Orders

  • Upholds the Intermediate Court judgment of 31/05/2018.
  • Orders that the house at plot UPI:1/03/05/04/596 and other community property be sold and proceeds shared equally between Riziki Nicole and Mubirigi Rwamfizi Jean Paul.