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The Court of Appeal held that Tesire Généreuse proved cohabitation with Gatete Côme, but not contribution to the Rwamagana house, and upheld debt liability against the heir.
The appeal partially succeeded: evidence submitted after the hearing was not automatically inadmissible; the High Court erred in annulling the sale contract without a specific claim; property acquired during cohabitation must be divided equally based on valuation; Ntakirutinka is entitled to her share and partial damages; Hakuzimana's claims for damages and reimbursement were not properly pleaded and thus denied.
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The Supreme Court granted review for injustice, nullified Mukagatare Mariane’s land title, held the disputed land belonged to Gashabure Michel’s heirs, and awarded compensation.
The Supreme Court dismissed a jurisdictional objection, finding the applicant had not lost in the lower courts on the same grounds, so the appeal could proceed.
Article 39 of Law No 59/2008 does not violate Article 26 of the Constitution because it does not recognize cohabitation as marriage but provides for property division based on actual joint acquisition or contribution, preventing unjust enrichment. The law does not grant cohabitants the same rights as legally married couples but ensures fairness in property matters.
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