Rwanda Case Law

IMIRONGO SC - No 3 - Febuary - April - 2023

Court

Supreme Court

The Supreme Court held that life insurance proceeds are not part of the estate for succession if a beneficiary is named; economic damages for accident victims with less than 30% disability are calculated on the statutory minimum wage; parents must prove financial dependence for economic damages; attorney fees are awarded to the party causing litigation; property sold by one cohabitant is valid only for their share; exequatur is granted if foreign judgments meet statutory requirements; administrative silence does not confer rights beyond the law; dismissed public employees must seek judicial r…

Source excerpt

• Life insurance succession
• Economic damages from accidents
• Parental compensation claims
• Attorney fee awards
• Property division for unmarried cohabitants
• Exequatur of foreign judgments

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IMIRONGO SC Gashyantare - Mata 2023

Court

Supreme Court

Life insurance proceeds belong to the named beneficiary, not the estate. Economic damages for accident victims with less than 30% disability are based on statutory minimum wage. Parents must prove dependency to claim economic damages for a deceased child. Attorney fees are recoverable from the party causing litigation, not double recovery for separate proceedings. Sale of jointly owned property by one cohabitant is valid only for their share. Exequatur of foreign judgments requires compliance with statutory conditions. Administrative silence is acceptance only for rights legally due. Reinstat…

Source excerpt

• Life insurance succession
• Economic damages from accidents
• Parental economic damages
• Attorney fees allocation
• Property division unmarried cohabitants
• Exequatur of foreign judgments

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GAHIGA Marie Thérèse v GAHIGA Ange

Court

Court of Appeal

Case number

RCOM 00001/2022/CA

The Court of Appeal granted interim relief and suspended enforcement of the exequatur judgment pending the outcome of the related substantive proceedings.

• Exequatur of foreign judgments
• Interim measures
• Urgency in civil procedure
• Enforcement of judgments
• Exequatur
• Interim-measures

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Re NZANIRA GASHEREBUKA

Court

Court of Appeal

Case number

RCA 00003/2021/CA

The Court of Appeal held that provisional Belgian family orders could not be enforced in Rwanda, because exequatur requires a final foreign judgment.

• Exequatur of foreign judgments
• Child custody
• Provisional measures
• Recognition and enforcement of foreign judgments
• Exequatur
• Foreign-judgment-enforcement

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Re Mukashyaka

Court

Court of Appeal

Case number

RCA 00005/2021/CA

The Court of Appeal held that a Canadian child-maintenance order met Rwanda’s exequatur requirements and should be enforced in Rwanda.

• Exequatur of foreign judgments
• Child maintenance
• Divorce
• Enforcement of foreign court orders
• Exequatur
• Foreign-judgment-enforcement

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HAGENGIMANA v. UWIHOREYE

Court

Supreme Court

Case number

RCAA0006/13/CS

The Supreme Court upheld exequatur of a US divorce judgment in Rwanda, finding no proof of a defence violation or conflict with Rwandan public order.

• Exequatur of foreign judgments
• Divorce
• Burden of proof
• Procedural costs
• Public order
• Right of defense

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