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The Supreme Court held that daughters had equal inheritance rights and that the disputed land remained family property of Ruhabura Jean, not Baganizi François.
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.
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The court held that, for successions opened before the 1999 inheritance law, courts must apply prior judicial decisions that recognized equal inheritance rights for women, based on constitutional and international equality principles. Customary law excluding women from inheritance is invalid where it conflicts with these principles. Therefore, both families (Kabera Charles and Usabuwera) are entitled to equal shares (50% each) of the estate. Damages claimed by Mukagasana were denied for lack of demonstrated harm.
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