Rwanda Case Law

NSENGIYUMVA v NYIRANTEZIMANA

Court

High Court

Case number

RCA 00253/2023/HC/KIG

The High Court found that the property in dispute was acquired during the period of cohabitation between Nsengiyumva Alexis and Nyirantezimana Marie, and thus subject to equal division under Article 39 of Law No 59/2008. The appellant failed to provide credible evidence to rebut the respondent's timeline or acquisition of property. The award of legal costs and attorney fees to the respondent was justified as the appellant was found to be the cause of the litigation. The appellant's counter-claim for compensation was rejected. The new claim for child support was inadmissible at the appellate s…

Source excerpt

• Division of property
• Cohabitation
• Unmarried couples
• Compensation of legal costs

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UWIRAGIYE v UWAMAHORO

Court

Court of Appeal

Case number

RS/INJUST/RAD 00002/2020/CA

The Court of Appeal upheld equal division of property acquired during cohabitation and confirmed that a vehicle received for work could form part of shared property.

• Division of property
• Cohabitation
• Unmarried couples
• Compensation for legal costs
• Family-law
• Property-division

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UWIRAGIYE v UWAMAHORO

Court

Supreme Court

Case number

RS/INJUST/RC 00010/2017/SC

The Supreme Court held that property acquired during unmarried cohabitation must be divided equally upon separation, including a vehicle obtained during that period.

• Cohabitation
• Division of property
• Unmarried couples
• Compensation for legal costs
• Family-law
• Property-division

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TWAHIRWA v KALIGIRWA

Court

Supreme Court

Case number

RCAA 0036/15/CS

The Supreme Court held that property acquired during cohabitation by unmarried partners must be divided equally on separation if both contributed.

• Cohabitation
• Division of property
• Unmarried couples
• Valuation of property
• Appeals procedure
• Property-division

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NGANGARE v. MUKANKURANGA

Court

Supreme Court

Case number

RCAA 0022/13/CS

The Supreme Court held that mere disagreements do not constitute cessation of cohabitation if the parties continue to live together and jointly manage the household. Therefore, Law No. 59/2008 and Article 39 applied to the division of property. The Court also found that Mukankuranga was entitled to additional compensation for litigation costs due to Ngangare's continued appeals.

Source excerpt

• Cohabitation
• Division of property
• Unmarried couples
• Gender-based violence
• Compensation for litigation costs

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