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Rwanda Case Law

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Family law RS/INJUST/RC00004/2021/HC/RWG

GASHUMBA N’UNDI v NIRERE N’UNDI

The applicants failed to prove lawful acquisition of the property, as the sale was not consented to or signed by both registered owners (spouses), and the transfer was not executed before a notary as required by law. The property must revert to the original owners, and the applicants are entitled to restitution of the purchase price paid to the seller who received the funds.

  • Matrimonial property
  • Land registration
  • Sale of property
  • Evidence
  • Division of property on divorce
  • Restitution of purchase price
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Family law RCAA 00036/2021/CA

GATERA NTARINDWA v MUKAMUTARA

The Court of Appeal held that since there was no legal dissolution of the marriage prior to the acquisition and registration of the disputed property, both parties retained equal rights to it regardless of physical separation. The High Court erred in entertaining a new claim for division and sale of the property at the appellate stage, as this was not raised at first instance, contrary to procedural law. However, the respondent's entitlement to a share in the property was upheld, and the applicant was ordered to pay legal fees and costs, but not the full damages claimed.

  • Matrimonial property
  • Division of property on divorce
  • New claims on appeal
  • Domestic work valuation
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Rwanda decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.