UWAMWEZI v KABASINGA N’UNDI
The DNA test results established with near certainty that Keza Reina and Gatesi Renita are the biological children of Gashagaza Jérôme. The applicant's claim for retrial on grounds of injustice was unfounded. Damages for emotional distress were denied, but partial costs and attorney fees were awarded to the respondents.
- Citation
- RS/INJUST/RC 00006/2019/SC
- Parties
- Applicant: Uwamwezi Sandrine; Respondent: Kabasinga Hélène; Respondent: Gatesi Renita
- Court
- Supreme Court
- Jurisdiction
- Rwanda
- Judgment Date
- 3 December 2021
- Case Number
- RS/INJUST/RC 00006/2019/SC
- Procedural Posture
- Civil (family Law) / Supreme Court Final Judgment
- Outcome
- Applicant's claim dismissed; paternity of Keza Reina and Gatesi Renita by Gashagaza Jérôme confirmed; partial costs and attorney fees awarded to respondents.
- Legal Topics
- Paternity Determination, DNA Evidence, Burden of Proof, Costs and Damages
- Source Language
- rw
Case Brief
Summary, issues, holding and outcome
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Parties
Uwamwezi Sandrine
Applicant
Kabasinga Hélène
Respondent
Gatesi Renita
Respondent
Procedural Posture
Civil (family Law) / Supreme Court Final Judgment
Legal Issues
- 1 Whether Keza Reina and Gatesi Renita are biological children of Gashagaza Jérôme
- 2 Whether Kabasinga Hélène and Gatesi Renita are entitled to damages and costs
Ratio Decidendi
The DNA test results established with near certainty that Keza Reina and Gatesi Renita are the biological children of Gashagaza Jérôme. The applicant's claim for retrial on grounds of injustice was unfounded. Damages for emotional distress were denied, but partial costs and attorney fees were awarded to the respondents.
Court Disposition
Applicant's claim dismissed; paternity of Keza Reina and Gatesi Renita by Gashagaza Jérôme confirmed; partial costs and attorney fees awarded to respondents.
Orders
- Applicant's claim for retrial dismissed as unfounded.
- Prior judgment confirming paternity upheld.
Full Case Text
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