Rwanda Case Law

UBUSHINJACYAHA vs MUREKEZI N’UNDI

Court

Court of Appeal

Case number

RP 00004/2024/CA

A deceased person lacks legal capacity to appeal; only successors may appeal, and must do so in their own names and interests. An appeal filed in the name of the deceased is inadmissible and cannot be regularized. The appeal by Irto Mattia (deceased) was not accepted for lack of capacity and standing.

Source excerpt

• Capacity to sue
• Succession
• Appeal procedure
• Party substitution after death

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HABIYAKARE v. GAHONGAYIRE N’UNDI (1)_304105_kn

Court

Supreme Court

Case number

RCAA0009/14/CS

The Supreme Court held that the proceedings between the deceased spouse and the surviving spouse had ended, but the appeal continued between Habiyakare and Gahongayire.

• Matrimonial property
• Party substitution after death
• Standing to sue
• Effect of death on proceedings
• Party-substitution-after-death
• Standing-to-sue

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