Evidence in Proprietary Land Right under Rwandan Law
Case Law Analysis
Land is the surface of the earth identified by specific boundaries, including the airspace above that portion of surface, the minerals beneath it, and surrounding biodiversity, erections and developments on that surface.
In legal terms, it is an immovable and permanent asset inclusive of rights associated with the surface of the earth from the center to the infinite sky.
In Rwanda, The legislation was put in place to regulate land related matters along its history.
Those included existence of a pluralistic legal system; lack of adequate land legislation; lack of an appropriate institutional framework; the land regime that was discriminatory to women.
The Organic Law No.
08/2005 of 14/07/2005 relating to land regimes in Rwanda and the Law of 2013 were put in place to solve all those issues.
However, in case of disputes, issues of Evidence (Proofs) remained controversial to the extent that courts could not have the same rulings over land related disputes.
With the Rwandan Supreme Court ruling, many issues were raised like if more than evidence is produced over the land as the proof of ownership, which one is to be relevant, and which one will be rejected? etc.
All were tackled here.
Aloys NTIRUSHWAMABOKO, was born on 12/04/1994 in Kigali.
He holds a Diploma in Legal Practice (DLP) and Bachelor degree in Law (LLB).
He is a Law Practitioner in Rwanda, Senior Legal Officer at The Legal Aid Forum (LAF)- Rwanda in the Project of Legal Aid services to Refugees in Rwanda.
Devoted to Legal Aid to indigent people in Rwanda.