AKISANTI v TUYISHIMIRE

AKISANTI v TUYISHIMIRE

The Supreme Court found that the DNA test conducted by Rwanda Forensic Laboratory provided irrefutable scientific evidence that Tuyishimire Yves is the biological child of Gusenga Innocent. The procedural objections raised by Akisanti Ayubu regarding the DNA report's validity and submission were dismissed as unfounded. The court held that the results of the DNA test outweigh other forms of evidence and are trustworthy. Claims for damages not raised in earlier proceedings were inadmissible, but reasonable procedural and counsel fees were awarded to Tuyishimire Yves.

Citation
RLR V.4-2020
Parties
Applicant/opponent: Akisanti Ayubu; Respondent/applicant in Original Paternity Suit: Tuyishimire Yves
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
22 October 2019
Case Number
RS/INJUST/RC 00021/2018/SC
Procedural Posture
Review of Civil Judgment (paternity/family Law) / Supreme Court Review After Ombudsman Referral
Outcome
Claim for review dismissed; original judgment sustained; paternity of Tuyishimire Yves by Gusenga Innocent confirmed; partial costs awarded to Tuyishimire Yves.
Legal Topics
Paternity Determination, DNA Evidence, Judicial Review, Damages, Procedural Law
Source Language
en
Family Law Civil Procedure Evidence Paternity Determination DNA Evidence Judicial Review Damages Procedural Law

Case Brief

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Parties

Akisanti Ayubu

Applicant/opponent

Tuyishimire Yves

Respondent/applicant in Original Paternity Suit

Procedural Posture

Review of Civil Judgment (paternity/family Law) / Supreme Court Review After Ombudsman Referral

Legal Issues

  1. 1 Whether there is irrefutable evidence that Tuyishimire Yves is the biological child of Gusenga Innocent
  2. 2 Whether the DNA test results are valid and trustworthy
  3. 3 Whether damages should be awarded to either party

Ratio Decidendi

The Supreme Court found that the DNA test conducted by Rwanda Forensic Laboratory provided irrefutable scientific evidence that Tuyishimire Yves is the biological child of Gusenga Innocent. The procedural objections raised by Akisanti Ayubu regarding the DNA report's validity and submission were dismissed as unfounded. The court held that the results of the DNA test outweigh other forms of evidence and are trustworthy. Claims for damages not raised in earlier proceedings were inadmissible, but reasonable procedural and counsel fees were awarded to Tuyishimire Yves.

Court Disposition

Claim for review dismissed; original judgment sustained; paternity of Tuyishimire Yves by Gusenga Innocent confirmed; partial costs awarded to Tuyishimire Yves.

Orders

  • The claim filed by Akisanti Ayubu requesting review of judgment No RCA 00010/2017/TGI/NYGE is dismissed as without merit.
  • The ruling of judgment No RCA 00010/2017/TGI/NYGE rendered by Nyarugenge Intermediate Court on 06/07/2017 is sustained.