Rwanda Case Law

NYIRASAFARI v UMUJYI WA KIGALI N’ABANDI

Court

Supreme Court

Case number

RS/INJUST/RAD00002/2023/SC

Nyirasafari Gaudentia failed to provide a legally valid marriage certificate or a valid substitute judgment as required by law to establish standing to claim succession property. The documents she relied on (attestations, letters, ID, and a substitute judgment) did not meet the legal requirements, as the substitute judgment had been annulled and other documents were not legally sufficient. Therefore, she lacked standing, and her claims could not be entertained.

Source excerpt

• Standing to sue
• Proof of marriage
• Succession rights
• Review for injustice
• Burden of proof
• Procedural requirements

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Re Gasana John

Court

Supreme Court

Case number

RS/INJUST/RC 00013/2019/SC

The Supreme Court held that Gasana John’s Uganda church marriage was valid and recognized in Rwanda, so no supplementary marriage judgment was needed.

• Recognition of foreign marriage
• Supplementary judgment for civil status
• Registration of marriage
• Proof of marriage
• Recognition-of-foreign-marriage
• Civil-status-registration

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MUKANKUBITO v NABIMANA

Court

Supreme Court

Case number

RS/INJUST/RC 00009/2019/SC

The Supreme Court upheld rejection of a review application, holding that civil marriage must be proved by a marriage certificate or, if unavailable, by testimony.

• Civil marriage
• Suppletive judgment
• Proof of marriage
• Religious vs civil marriage
• Documentary evidence
• Civil-marriage

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MUKANKUBITO v NABIMANA

Court

Supreme Court

Case number

RS/INJUST/RC 00009/2019/SC

The Supreme Court held that under the 1978 Constitution and applicable civil law, only marriages registered before civil authorities are legally recognized. The evidence presented (church certificate, ID card, documents from Belgium, NIDA records) did not constitute legally valid proof of marriage. The applicant failed to provide a marriage certificate or sufficient witness testimony as required by law. Therefore, the lower court's decision rejecting the claim for a supplementary marriage judgment stands.

Source excerpt

• Proof of marriage
• Supplementary judgment for marriage certificate
• Evidence in civil cases
• Effect of religious marriage
• Civil status registration

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