WALTER RAFFO v. MUNYAMPIRWA_en

WALTER RAFFO v. MUNYAMPIRWA_en

A foreign death certificate does not require exequatur in Rwanda because it is not a document that endows enforceable rights; it is merely evidence of death and not subject to execution.

Citation
RLR V.1-2018
Parties
Applicant: Walter Raffo; Respondent: Munyampirwa Pascal
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
21 April 2017
Case Number
RS/REV/INJUST/RCOM0002
Procedural Posture
Review Due to Injustice (supreme Court) / Interlocutory Ruling on Admissibility of Foreign Death Certificate
Outcome
Objection overruled; proceedings to resume.
Legal Topics
Exequatur of Foreign Documents, Admissibility of Foreign Evidence, Shareholder Disputes, Enforcement of Foreign Judgments
Source Language
en, rw
Civil Procedure Private International Law Exequatur of Foreign Documents Admissibility of Foreign Evidence Shareholder Disputes Enforcement of Foreign Judgments

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Parties

Walter Raffo

Applicant

Munyampirwa Pascal

Respondent

Procedural Posture

Review Due to Injustice (supreme Court) / Interlocutory Ruling on Admissibility of Foreign Death Certificate

Legal Issues

  1. 1 Whether a foreign death certificate must be subjected to exequatur before being used as evidence in Rwandan courts

Ratio Decidendi

A foreign death certificate does not require exequatur in Rwanda because it is not a document that endows enforceable rights; it is merely evidence of death and not subject to execution.

Court Disposition

Objection overruled; proceedings to resume.

Orders

  • Objection regarding exequatur of death certificate is overruled.
  • Hearing of proceedings to resume on 13/06/2017.