UWAMWEZI v KABASINGA N’UNDI

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

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Parties

Uwamwezi Sandrine

Applicant

Kabasinga Hélène

Respondent

Gatesi Renita

Respondent

Procedural Posture

Civil (family Law) / Supreme Court Final Judgment

  1. 1 Whether Keza Reina and Gatesi Renita are biological children of Gashagaza Jérôme
  2. 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.