Re. RUKUNDO

Re. RUKUNDO

The Supreme Court held that the lower courts erred by disregarding credible documentary and testimonial evidence demonstrating that Byiringiro Roger was recognized and treated as the son of Rukundo Prosper by the family and community. The attestation de naissance was not the only admissible proof under the law; possession d'état and corroborating evidence sufficed to establish paternity.

Citation
RS/INJUST/RC 00012/2018/SC
Parties
Applicant: Byiringiro Roger alias Fils; Alleged Father: Rukundo Prosper (deceased); Witness/relative: Gatabazi Ephrem
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
6 May 2020
Case Number
RS/INJUST/RC 00012/2018/SC
Procedural Posture
Civil (family Law) / Supreme Court Review on Grounds of Injustice
Outcome
Appeal allowed; previous judgment set aside; paternity established.
Legal Topics
Paternity Establishment, Evidence Assessment, Correction of Civil Status, Review for Injustice
Source Language
rw
Family Law Civil Procedure Paternity Establishment Evidence Assessment Correction of Civil Status Review for Injustice

Case Brief

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Parties

Byiringiro Roger alias Fils

Applicant

Rukundo Prosper (deceased)

Alleged Father

Gatabazi Ephrem

Witness/relative

Procedural Posture

Civil (family Law) / Supreme Court Review on Grounds of Injustice

Legal Issues

  1. 1 Whether there was overlooked evidence proving Byiringiro Roger is the son of Rukundo Prosper
  2. 2 Whether the lower courts erred by relying solely on the attestation de naissance and disregarding other evidence

Ratio Decidendi

The Supreme Court held that the lower courts erred by disregarding credible documentary and testimonial evidence demonstrating that Byiringiro Roger was recognized and treated as the son of Rukundo Prosper by the family and community. The attestation de naissance was not the only admissible proof under the law; possession d'état and corroborating evidence sufficed to establish paternity.

Court Disposition

Appeal allowed; previous judgment set aside; paternity established.

Orders

  • The Supreme Court set aside the judgment of the Intermediate Court of Karongi (RCA 0459/13/TGI/KGI of 30/10/2013).
  • It declared Byiringiro Roger to be the son of Rukundo Prosper and ordered his registration as such.