Rwanda Case Law

AYINKAMIYE v KASINE N’ABANDI

Court

Court of Appeal

Case number

RCAA 00032/2024/CA

The Court of Appeal found that Acte de notoriété No 79/86 and similar documents did not meet statutory requirements and thus had no legal value, but this did not affect the outcome because other evidence, including the purchase agreement and consistent testimony of all siblings except the applicant, established that the disputed land (UPI:1/03/02/04/301) belonged to Mukangenzi Clémence and Rukira Isidore, not the parents. The land registration certificate in the parents' names was obtained irregularly and could be set aside. The settlement agreement of 04/05/2024 was binding except for the di…

Source excerpt

• Succession
• Land registration
• Evidence
• Acte de notoriété
• Partition of inheritance
• Burden of proof

Read case analysis

MUBERANDINDA v NSABIMANA N’ABANDI

Court

Supreme Court

Case number

RC 00003/2024/SC

The Supreme Court held there was no contradiction between a 2009 Abunzi decision and a 2013 Gasabo Intermediate Court judgment, and dismissed Muberandinda’s claim.

• Contradictory judgments
• Res judicata
• Partition of inheritance
• Authority of final judgment
• Contradictory-judgments
• Res-judicata

Read case analysis

VALOIS JEAN FÉLIX N’ABANDI v DUSABE

Court

Court of Appeal

Case number

RC 00005/2022/CA

The Court of Appeal dismissed an urgent application to suspend execution, holding that a completed auction and distribution of proceeds meant execution was no longer ongoing.

• Execution of judgments
• Auction sales
• Injunctive relief
• Partition of inheritance
• Enforcement of criminal compensation orders
• Civil-procedure

Read case analysis

NYIRAMATAMA v MUHIRWA

Court

Court of Appeal

Case number

RS/INJUST/RC 00008 /2021/CA

The Court of Appeal held that a clarification judgment must stay within its limits and that the donor of umunani chooses the property to be given.

• Partition of inheritance
• Capacity to sue
• Clarification of judgments
• Parental gifts (umunani)
• Clarification-of-judgments
• Capacity-to-sue

Read case analysis

GAHIRE v MUKARUSHAKO NA BAGENZI

Court

Supreme Court

Case number

RS/INJUST/RC 00008/2019/SC

The Supreme Court partly granted review for injustice, holding the disputed property was inherited land and the sale only bound the seller’s one-third share.

• Land ownership
• Sale of inherited property
• Capacity to contract
• Nullity of contracts by minors
• Partition of inheritance
• Procedural time limits

Read case analysis

RWASIBO v RWASIBO

Court

Court of Appeal

Case number

RCAA 00030/2018/CA

The Court of Appeal held that a family settlement agreement among the heirs of Rwasibo Jean Baptiste was binding and ended the dispute.

• Partition of inheritance
• Enforcement of settlement agreements
• Standing of heirs
• Effect of family agreements
• Inheritance-disputes
• Settlement-agreements

Read case analysis