Rwanda Case Law

Re NGENDAHAYO KABUYE (Fond)

Court

Supreme Court

Case number

RS/INCONST/SPEC 00004/2021/SC

The differentiation in favor of the surviving spouse is based on legitimate, reasonable grounds to protect the spouse from mistreatment and ensure household continuity; it does not amount to discrimination or violation of equality. The right to property under the Constitution protects only existing property, not future expectations. Succession rights for other heirs arise only when succession opens, i.e., when both spouses die or the surviving spouse remarries. The impugned articles are not inconsistent with the Constitution.

Source excerpt

• Equality before the law
• Non-discrimination
• Right to property
• Succession rights
• Protection of family
• Matrimonial regimes

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Re NGENDAHAYO KABUYE (ADD)

Court

Supreme Court

Case number

RS/INCONST/SPEC 00004/2021/SC

The Supreme Court held that Counsel Ngendahayo Kabuye had a legitimate interest to challenge the constitutionality of succession law provisions, and ordered the merits hearing to resume.

• Interest to sue
• Constitutionality of statutes
• Succession rights
• Matrimonial regimes
• Interest-to-sue
• Constitutional-challenge

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UWAMWEZI v RANGHELLA

Court

Supreme Court

Case number

RS/REV/INJUST/CIV.0012/16/SC

The Supreme Court held that a pre-divorce property-sharing agreement was void because it did not modify the spouses’ community property regime.

• Divorce
• Matrimonial regimes
• Community property
• Contract validity
• Res judicata
• Judicial review

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