Rwanda Case Law

UWIMANA vs. NGIRUWONSANGA N’ABANDI

Court

Court of Appeal

Case number

RS/INJUST/RAD 00001/2022/CA

The Court found that the land was lawfully sold by the deceased husband in accordance with the law applicable at the time, which vested management and disposal authority in the husband as head of household. The absence of written contracts did not invalidate the sales, as oral agreements and witness testimony were sufficient under then-prevailing law. The applicant failed to prove any miscarriage of justice or legal error in the prior decisions. The costs and damages previously awarded against her were justified due to her unsuccessful and unfounded litigation.

Source excerpt

• Matrimonial property
• Land ownership
• Burden of proof
• Gender equality
• Appeal procedure
• Costs and damages

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UWIMANA vs. NGIRUWONSANGA N’ABANDI

Court

Court of Appeal

Case number

RS/INJUST/RAD 00001/2022/CA

The court found that the land in dispute was sold by the applicant's late husband in accordance with the law and custom prevailing at the time, with no credible evidence of unlawful dispossession or lack of spousal representation. The applicant failed to prove her claims, and the prior judgments awarding the land to the respondents and imposing costs and damages on the applicant remain valid.

Source excerpt

• Matrimonial property
• Land ownership
• Sale of property
• Spousal consent
• Burden of proof
• Costs and damages

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KAMARANDE N’ UNDI vs. UMUTONI N’ UNDI

Court

Court of Appeal

Case number

RCOMAA 00001/2023/CA

The Court of Appeal held that the opposition claim was filed out of time and inadmissible, upheld the lower court’s ruling, and awarded costs to the respondent.

• Time limits for filing
• Inadmissibility of late claims
• Costs and damages
• Procedural fairness
• Civil-procedure
• Commercial-appeal

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UWAMWEZI v KABASINGA N’UNDI

Court

Supreme Court

Case number

RS/INJUST/RC 00006/2019/SC

The Supreme Court confirmed, on DNA evidence, that Keza Reina and Gatesi Renita were Gashagaza Jérôme’s children and dismissed the retrial request.

• Paternity determination
• Dna evidence
• Burden of proof
• Costs and damages
• Paternity-determination
• Dna-evidence

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CAYRIER v. LETSHEGO RWANDA LTD N’ABANDI

Court

Court of Appeal

Case number

RCOMAA 00044/2019/CA

The Court of Appeal held that a second appeal challenging auction annulment was filed out of time and dismissed it as inadmissible.

• Auction annulment
• Appeal deadlines
• Summary proceedings
• Costs and damages
• Auction-annulment
• Appeal-deadlines

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NDIZIHIWE N’UNDI v. MUDAKEMWA N’ABANDI

Court

Supreme Court

Case number

RCAA 0136/11/CS

The Supreme Court accepted the appellants’ withdrawal of their civil appeal and ordered them to pay the respondents 1,100,000 RWF in costs and fees.

• Withdrawal of appeal
• Costs and damages
• Right to discontinue proceedings
• Withdrawal-of-appeal
• Costs-and-damages
• Civil-procedure

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MWIZA v. MUKANDAMAGE

Court

Commercial High Court

Case number

R COMA 0104/13/HCC

The Commercial High Court held that a spouse may challenge a one-party enforcement order affecting shared interests, and that community property includes shared debts.

• Community property
• Enforcement of judgments
• Joint liability of spouses
• Procedural objections
• Costs and damages
• Community-property

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