VUNINGOMA v NARAME

VUNINGOMA v NARAME

The Supreme Court found that the plot was sold after the parties had married under community of property, making it joint property. Narame sold it without Vuningoma's consent, violating the law. The proceeds must be shared equally. The request to change child custody could not be entertained in this revision as custody orders are provisional and must be challenged in the original court. Damages were awarded to Vuningoma for distress and legal costs, but in a reduced amount.

Citation
RS/INJUST/RC 0001/2018/SC
Parties
Applicant: Vuningoma Augustin; Respondent: Narame Ascia
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
14 December 2018
Case Number
RS/INJUST/RC 0001/2018/SC
Procedural Posture
Civil / Supreme Court Review for Injustice (revision)
Outcome
Partially allowed
Legal Topics
Divorce, Division of Matrimonial Property, Child Custody, Revision for Injustice, Damages
Source Language
rw
Family Law Divorce Division of Matrimonial Property Child Custody Revision for Injustice Damages

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Vuningoma Augustin

Applicant

Narame Ascia

Respondent

Procedural Posture

Civil / Supreme Court Review for Injustice (revision)

Legal Issues

  1. 1 Whether the sale of matrimonial property by one spouse without the other's consent after opting for community of property is valid
  2. 2 Whether the applicant could seek revision for injustice or had to exhaust other remedies
  3. 3 Whether the proceeds from the sale of the plot should be shared

Ratio Decidendi

The Supreme Court found that the plot was sold after the parties had married under community of property, making it joint property. Narame sold it without Vuningoma's consent, violating the law. The proceeds must be shared equally. The request to change child custody could not be entertained in this revision as custody orders are provisional and must be challenged in the original court. Damages were awarded to Vuningoma for distress and legal costs, but in a reduced amount.

Court Disposition

Partially allowed

Orders

  • Narame Ascia must pay Vuningoma Augustin half of the proceeds from the sale of the plot (1,750,000 Frw).
  • Narame Ascia must pay Vuningoma Augustin damages totaling 700,000 Frw (100,000 Frw for legal costs, 100,000 Frw for distress, 500,000 Frw for advocate fees).