WALTER RAFFO v. MUNYAMPIRWA_kn

WALTER RAFFO v. MUNYAMPIRWA_kn

A foreign death certificate is not intended to confer enforceable rights and therefore does not require exequatur before being relied upon in Rwandan courts.

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/RCOM0002/16/CS
Procedural Posture
Commercial Civil Appeal / Interlocutory Ruling on Preliminary Objection
Outcome
preliminary objection dismissed
Legal Topics
Recognition of Foreign Judgments, Exequatur, Shareholder Disputes, Death Certificate Admissibility
Source Language
en, rw
Private International Law Commercial Law Civil Procedure Recognition of Foreign Judgments Exequatur Shareholder Disputes Death Certificate Admissibility

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Parties

Walter Raffo

Applicant

Munyampirwa Pascal

Respondent

Procedural Posture

Commercial Civil Appeal / Interlocutory Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether a foreign death certificate must be recognized through exequatur before being relied upon in Rwandan courts

Ratio Decidendi

A foreign death certificate is not intended to confer enforceable rights and therefore does not require exequatur before being relied upon in Rwandan courts.

Court Disposition

preliminary objection dismissed

Orders

  • The preliminary objection by Munyampirwa Pascal is dismissed.
  • The trial will continue on 13/06/2017.