Rwanda Case Law

UWAMWEZI v. RUGENERA N’ABANDI

Court

Court of Appeal

Case number

RCOMAA 00076/2019/CA

The annulled partition agreement does not retroactively invalidate sales to third parties made in good faith. The house purchased with proceeds from the sale of the Nyarugenge property (Kamonyi house) remains subject to equal division between the spouses. The appeal has no merit and the previous High Commercial Court decision stands.

Source excerpt

• Matrimonial property division
• Sale of matrimonial property
• Company asset transfer
• Effect of annulled property settlement
• Third party rights in property transactions

Read case analysis

UWIMANA v KAGITARE

Court

Supreme Court

Case number

RS/INJUST/RC 00002/2018/SC

Uwimana Marine retains the right to claim division of jointly owned property not disclosed during divorce proceedings, even after exequatur of a foreign divorce judgment, provided the property is later discovered and she has an interest. The disputed forest land (3.6 ha) is jointly owned by Mwumvaneza Justin and Uwimana Marine and must be included in divisible matrimonial property.

Source excerpt

• Divorce
• Matrimonial property division
• Exequatur
• Ownership dispute

Read case analysis

UWIMANA v KAGITARE

Court

Supreme Court

Case number

RS/INJUST/RC 00002/2018/SC

Uwimana Marine, as a former spouse, retains the right under Rwandan law to claim division of matrimonial property not disclosed or divided at the time of divorce, even if the divorce was granted by a foreign court. The forest land in question was proven to be matrimonial property jointly owned by Uwimana Marine and Mwumvaneza Justin, and must be included in the divisible assets.

Source excerpt

• Divorce
• Matrimonial property division
• Recognition of foreign judgments
• Ownership dispute

Read case analysis

UWIMANA v KAGITARE

Court

Supreme Court

Case number

RS/INJUST/RC 00002/2018/SC

The Supreme Court held that a divorced spouse may later claim undisclosed matrimonial property and found the disputed 3.6-hectare forest jointly owned.

• Divorce
• Matrimonial property division
• Recognition of foreign judgments
• Ownership disputes
• Matrimonial-property
• Property-disputes

Read case analysis

UWIMANA v KAGITARE

Court

Supreme Court

Case number

RS/INJUST/RC 00002/2018/SC

The Supreme Court held that undisclosed matrimonial property discovered after divorce can still be claimed for division, and declared the disputed 3.6 ha forest jointly owned.

• Divorce
• Matrimonial property division
• Recognition of foreign judgments
• Land ownership
• Extraordinary review (revision)
• Family-law

Read case analysis