Rwanda Case Law

UMUHIRE v. MBABARIYE

Court

High Court

Case number

RCA00193/2020/HC/KIG

The High Court held that the property registered as UPI:1/02/10/03/1220 was acquired and developed during the cohabitation of Umuhire Immaculée and Mbabariye Emmanuel, and thus should be divided equally between them. The 50% share of Mbabariye Emmanuel, as admitted in his own writings, was given as a gift to Musabyeyezu Constance, which she accepted. The property acquired with Twagirumwami Charles, though not registered, was also found to have been properly claimed and should be divided equally between Umuhire and Mbabariye. Compensation for litigation costs was awarded to Umuhire.

Source excerpt

• Cohabitation
• Division of property
• Matrimonial property
• Non-marital unions
• Compensation for litigation costs

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HABYARIMANA NABANDI v HABARUREMA N'ABANDI

Court

High Court

Case number

RS/INJUST/RC 00010/2022/HC/MUS

The High Court held that a notarized procuration was valid evidence of land purchase and transfer, dismissed the review claim, and upheld transfer of the land.

• Land registration
• Procuration
• Burden of proof
• Evidence law
• Compensation for litigation costs
• Land-registration

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NIRAGIRE v ARCHIDIOCESE YA KIGALI NABANDI

Court

Court of Appeal

Case number

RADAA 00002/2022/CA

The Court of Appeal dismissed Niragire Théogène’s land appeal, holding he failed to prove encroachment and that the land loss was due to wetland boundaries.

• Burden of proof
• Land registration
• Evidence in civil cases
• Appellate review
• Compensation for litigation costs
• Land-law

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KAMUGWIZA v HASHIM

Court

Supreme Court

Case number

RS/INJUST/RC 00008/2020/SC

The Supreme Court held that a general power of attorney did not authorize sale of the disputed land, so the sale and later title transfers were void.

• Mandate (procuration)
• Authority to sell property
• Validity of sale agreements
• Compensation for litigation costs
• Power-of-attorney
• Immovable-property

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MUKANKUBITO v NABIMANA

Court

Supreme Court

Case number

RS/INJUST/RC 00009/2019/SC

The Supreme Court held that church marriage records, identity cards, and foreign administrative documents did not prove a legally recognized marriage.

• Marriage validity
• Evidence in civil cases
• Judgment in lieu of marriage certificate
• Burden of proof
• Compensation for litigation costs
• Marriage-validity

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IBYISI v KALISA

Court

Supreme Court

Case number

RS/INJUST/RC00023/2018/SC

The Supreme Court held that Ibyisi Augustin’s injustice review was justified on the appeal issue, but the judicial sale could proceed because the abunzi decision was enforceable.

• Revision for injustice
• Appeal deadlines
• Enforcement of abunzi decisions
• Judicial sale (cyamunara)
• Compensation for litigation costs
• Revision-for-injustice

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MUJAWIMANA N’ABANDI v. BANKI YA KIGALI Ltd (B.K)_302028_kn

Court

Supreme Court

Case number

RCOMAA0008/14/CS

The Supreme Court found that valid mortgage agreements existed between Nyagatare Théogène and Banki ya Kigali Ltd, but these were annulled because they were made without the required consent of the spouse and family members, in violation of applicable laws. The lack of registration did not affect validity between the parties but did affect enforceability against third parties. Compensation was awarded to the applicants for litigation costs.

Source excerpt

• Mortgage validity
• Registration of security interests
• Family consent for encumbrance
• Loan agreements
• Compensation for litigation costs

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NGANGARE v. MUKANKURANGA

Court

Supreme Court

Case number

RCAA 0022/13/CS

The Supreme Court held that mere disagreements do not constitute cessation of cohabitation if the parties continue to live together and jointly manage the household. Therefore, Law No. 59/2008 and Article 39 applied to the division of property. The Court also found that Mukankuranga was entitled to additional compensation for litigation costs due to Ngangare's continued appeals.

Source excerpt

• Cohabitation
• Division of property
• Unmarried couples
• Gender-based violence
• Compensation for litigation costs

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