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The Court of Appeal partially allowed the appeal, upheld invalidation of the 28/10/2021 will, added estate property, and ordered return of rental and bank funds.
The Court of Appeal held that Kayirangwa Immaculée’s second appeal was inadmissible because she had lost in both lower courts on the same grounds.
The court found that the land certificate for UPI:1/03/02/04/301 registered to AYINKAMIYE Denys and NTAMAKIRIRO Eugenie was obtained without legal basis, as the applicant failed to prove the origin of the land. The acts of notoriety presented did not meet the legal requirements and were invalid. Testimonies from the majority of siblings confirmed the land belonged to MUKANGENZI Clémence and RUKIRA Isidore. Therefore, the property does not form part of the estate to be inherited. Claims by MUJAWIMANA Perpetue were inadmissible as they were raised for the first time on appeal. Monetary claims a…
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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 High Court found that Rusanganwa Frederic was unjustly deprived of his inheritance rights in the prior judgment, as he was entitled to inherit his late father's share of the estate left by Ngirumpatse Paul. The court held that while he was not entitled to inherit as a child of Ngirumpatse Paul, he was entitled to his father's share by representation. The estate should be redistributed so that Rusanganwa receives his father's share, and the remaining portions are divided equally among Musabyimana Rebecca and Gihana Benjamin, representing their late father Nkerabigwi John. No damages were a…
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The Court of Appeal dismissed Niragire Mélanie’s review application, holding that prior judgments did not give her ownership of the land and the 2007 settlement must be enforced.
The Court of Appeal dismissed a review-for-injustice claim over a sale of inherited property, holding the sale valid because the seller was the sole recognized heir at the time.
The High Court partially allowed a succession review, restored Rusanganwa Frederic’s share through representation, reallocated family land, and awarded no damages.
The Supreme Court held that Umukunzi Jeanne d’Arc failed to prove legal filiation, but Kambarangwe Diane could inherit her father’s share despite prior umunani.
The Supreme Court held that DNA evidence showed the respondent was not the child of Rutsindura Alphonse, so he had no right to inherit the estate.
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