Rwanda Case Law

IMIRONGO SC - November 2022 -January 2023

Court

Supreme Court

Supreme Court clarified calculation of damages, eligibility for economic loss, solidary payment, property division for cohabitants, wrongful dismissal after acquittal, mortgage contract validity, reduction of excessive delay interest, broad standing in constitutional challenges, and strict procedural time limits for review.

Source excerpt

• Personal injury compensation
• Economic loss damages
• Solidary obligation
• Property division
• Wrongful dismissal
• Mortgage contracts

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Re NYIRABARERA

Court

Supreme Court

Case number

RS/INTERT/RC 00001/2021/SC

The Supreme Court dismissed Nyirabarera Euphrasie’s request to interpret or rectify an earlier judgment, finding no ambiguity or material error about the properties.

• Rectification of judgment
• Interpretation of judgment
• Property division
• Marital property
• Rectification-of-judgment
• Interpretation-of-judgment

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UWAMWEZI v RANGHELLA

Court

Supreme Court

Case number

RS/REV/INJUST/CIV.0012/16/CS

The Supreme Court held that a spouse-to-spouse property-sharing agreement signed under community of property was invalid, and property had to be divided equally on divorce.

• Matrimonial property
• Divorce
• Property division
• Revision for injustice
• Validity of property settlement agreements
• Family-law

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UWAMWEZI v RANGHELLA

Court

Supreme Court

Case number

RS/REV/INJUST/CIV.0012/16/SC

The Supreme Court held a property-sharing agreement between spouses under community property regime was void, and ordered equal division of community assets and liabilities.

• Divorce
• Matrimonial regime
• Community of property
• Contract validity
• Property division
• Res judicata

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MUTONI_v_NIWENSHUTI_ET.AL_462162_en

Court

Supreme Court

Case number

RCAA0014/15/CS

Mutoni K. Jackline cohabited with Niwenshuti Aloys as his wife, and under Rwandan law and comparative jurisprudence, property acquired during such cohabitation must be shared equally among cohabitants, regardless of specific financial contribution. She is entitled to 1/3 of the house's value. Damages for the end of cohabitation are not awarded as the relationship was not legally formalized and inherently precarious.

Source excerpt

• Cohabitation
• Property division
• Evidence in family disputes
• Illegitimate marriage
• Gender-based violence

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Re .Gatera na Kabalisa ( Ikirego kigamije kuvanaho ingigo inyuranyije n’Itegeko Nshinga )

Court

Supreme Court

Case number

RS/INCONST/PÉN.0003/10/CS

Article 39 of Law No 59/2008 does not violate Article 26 of the Constitution because it does not recognize cohabitation as marriage but provides for property division based on actual joint acquisition or contribution, preventing unjust enrichment. The law does not grant cohabitants the same rights as legally married couples but ensures fairness in property matters.

Source excerpt

• Constitutionality of statutes
• Property division
• Cohabitation rights

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