Uzamukosha v Tesire

Uzamukosha v Tesire

Tesire Généreuse failed to prove any contribution to the acquisition or improvement of the Rwamagana house, which was acquired and built before their cohabitation. Therefore, she is not entitled to a share of that property. Uzamushaka Consolée, as the sole heir of Gatete Côme, is solely liable for the debt owed to Mukarusanganwa Verediane. The sale of the Nyandungu house to Kanyangira Ignace stands, and no rental income is owed to Tesire Généreuse.

Citation
RS/ INJUST/ RC 00001/2020/SC
Parties
Applicant: Uzamushaka Consolée; Respondent: Tesire Généreuse; Intervener: Kanyangira Ignace; Intervener: Mukarusanganwa Verediane
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
30 September 2021
Case Number
RS/ INJUST/ RC 00001/2020/SC
Procedural Posture
Civil / Supreme Court Judgment on Review for Injustice
Outcome
partially allowed
Legal Topics
Division of Property, Cohabitation Rights, Inheritance, Debt Liability, Review for Injustice
Source Language
en, rw
Family Law Succession Law Property Law Division of Property Cohabitation Rights Inheritance Debt Liability Review for Injustice

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Parties

Uzamushaka Consolée

Applicant

Tesire Généreuse

Respondent

Kanyangira Ignace

Intervener

Mukarusanganwa Verediane

Intervener

Procedural Posture

Civil / Supreme Court Judgment on Review for Injustice

Legal Issues

  1. 1 Whether Tesire Généreuse is entitled to a share of the house left by Gatete Côme in Rwamagana
  2. 2 Whether Uzamushaka Consolée should be liable for the debt owed to Mukarusanganwa Verediane
  3. 3 Whether the sale of the Nyandungu house to Kanyangira Ignace should be annulled

Ratio Decidendi

Tesire Généreuse failed to prove any contribution to the acquisition or improvement of the Rwamagana house, which was acquired and built before their cohabitation. Therefore, she is not entitled to a share of that property. Uzamushaka Consolée, as the sole heir of Gatete Côme, is solely liable for the debt owed to Mukarusanganwa Verediane. The sale of the Nyandungu house to Kanyangira Ignace stands, and no rental income is owed to Tesire Généreuse.

Court Disposition

partially allowed

Orders

  • Tesire Généreuse has no share in the Rwamagana house left by Gatete Côme.
  • Uzamushaka Consolée must pay Mukarusanganwa Verediane the full debt of 12,053,000 Frw.