The document describes a judgment from a peace court in Kinshasa, Democratic Republic of Congo. The court granted a request from a man named Amand Kalonga Mwatsi for a supplementary judgment on his birth certificate. The judgment details when and where Mwatsi was born and orders the civil registry officer to record the judgment and issue a new birth certificate.
The document describes a judgment from a peace court in Kinshasa, Democratic Republic of Congo. The court granted a request from a man named Amand Kalonga Mwatsi for a supplementary judgment on his birth certificate. The judgment details when and where Mwatsi was born and orders the civil registry officer to record the judgment and issue a new birth certificate.
The document describes a judgment from a peace court in Kinshasa, Democratic Republic of Congo. The court granted a request from a man named Amand Kalonga Mwatsi for a supplementary judgment on his birth certificate. The judgment details when and where Mwatsi was born and orders the civil registry officer to record the judgment and issue a new birth certificate.
The document describes a judgment from a peace court in Kinshasa, Democratic Republic of Congo. The court granted a request from a man named Amand Kalonga Mwatsi for a supplementary judgment on his birth certificate. The judgment details when and where Mwatsi was born and orders the civil registry officer to record the judgment and issue a new birth certificate.
IN QUESTION: Mr KALONGA MWATSHI Amand, residing on Kiala Avenue n°19,
District of Lokari in the Municipality of Masina in Kinshasa;………………..
= REQUESTOR=
By its request of 17 August 2020 addressed to the President of this jurisdiction in the following terms: ………
Kinshasa, 17/08/2020
To the President of the Kinshasa/N'djili
Peace Tribunal in Kinshasa/N'djili
"Subject: Application for a supplementary judgment
of birth certificate
"Madam President,
"It is my honour to come to your authority, to ask for the object I have mentioned above in my favour;…………………..
"I was born in Kinshasa on 15/03/2002 from the union of Mr KALONGA KONGOLO Serge and Mrs KASONGO OWALE Henriette; that at the time of this birth the parents' residence was on Kiala n°19, Lokari district in the municipality of Masina.------------------------------------------------------------------------------------------------
"that by ignorance of the law, this birth was never declared before the competent civil status officer. ------------------------------------------------------------------------------------ With that, in order to make up for this defect, I ask you to believe, Madam President, in the assurance of my perfect consideration. ---------------------------------------------------------------
The applicant Se/KALONGA MWATSHI Amand "==================================================================
The regular case thus inscribed on the civil and gracious roll of the Court of Caeans under RPG 8596, was fixed and called at the public hearing of 20/08/2020 during which the applicant appeared in person not assisted by counsel and the Court declared itself seized upon application;---------------------------------------------------------------------------------------------
Based on the hearing of the case at this hearing;……………………………………………
Yes, the applicant in his oral submissions is pleased to grant the full benefit of his motion to institute proceedings;…………………………………
RPG 8596 SECOND LEAFLET
The Public Prosecutor, represented by Mr VAMPEKE MBOUCHON, Deputy Prosecutor
at the Kinshasa/N'djili Peace Court, hereby declares that the Court should grant the application under review; ……………………………………………………………………………………………………… …………………………………………………………………………
With this, the Tribunal declared the proceedings closed, took the case under advisement and at the hearing of 20/08/2020 publicly pronounced the following judgment: …………………………………..
=/=JUDGMENT=/=
Whereas, by his request of 17/08/2020 addressed to the President of the
Kinshasa/N'djili Peace Tribunal, Mr KALONGA MWATSHI Amand, residing on Kiala Avenue n°19, Lokari district in the municipality of Masina, apply to the Court of First Instance for a suppletive judgment on a birth certificate in his favour;----------------------------------------
That by the procedure followed is due;--------------------------------------------------------
Whereas it appears from the terms of the motion and from the evidence gathered at the hearing that the so-called KALONGA MWATSHI Amand was born in Kinshasa on 15/03/2002, from the union of Mr KALONGA KONGOLO Serge and Mrs KASONGO OWALE Henriette; at the time of birth, the parents resided on Kiala Avenue #19, Lokari district in the Masina Municipality in Kinshasa;----------------------------------------- Whereas, in law, Article 106 of the Family Code provides that the default of an act of civil status may be supplemented by a judgment rendered by the Court of Peace or for Children as the case may be, on simple application submitted to the Tribunal of the place where the act should have been drawn up;----------------------------------------------------------------------------------------------
Whereas in law, Article 116 of the same Code specifies that any birth occurring in the territory of the Republic must be declared to the Civil Registry Officer of the place of residence of the father or mother within ninety days following the birth;
That, in the case under examination, the Court of First Instance notes that the named KALONGA MWATSHI Amand was born in Kinshasa on 15/03/2002, of the union of Mr KALONGA KONGOLO Serge and Mrs KASONGO OWALE Henriette; at the time of birth, the parents resided on Kiala Avenue #19, Lokari district in the Masina Municipality in Kinshasa;-----------------------------------------
That from the foregoing, the Peace Tribunal shall receive the motion of Mr KALONGA MWATSHI Amand and declare it founded;-----------------------------------------------------
That he will also say that the provisions of this judgment will be transcribed on the registry of the Masina municipality.---------------------------------------------------------------
***//*** RPG 8596 THIRD SHEET
ON THOSE GROUNDS
The Tribunal, ---------------------------------------------------------------------------------
Publicly and on request;…………………………………………………..
Having regard to Organic Law No. 13/011-B of 11 April 2013 on the
organization, functioning and jurisdiction of the courts of the judicial order; -------------------
Having regard to the Code of Civil Procedure; --------------------------------------
Having regard to Law No. 016/008 of 15 July 2016 amending and
supplementing Law No. 87-010 of 1st August 1987 on the Family Code especially in its articles 106, paragraph 1 and 116, paragraph 1; -----------------------------------------------------
The Public Prosecutor heard: -------------------------------------------------
Receives the request and says it is founded; ---------------------------------------
Says that Mr KALONGA MWATSHI Amand was born in Kinshasa, on
15/03/2002, of the union of Mr KALONGA KONGOLO Serge and Mrs KASONGO OWALE Henriette; that at the time of birth the parents resided on Kiala Avenue n°19, Lokari district in the municipality of Masina in Kinshasa;-------------
Orders the Civil Registry Officer of the Municipality of Masina to transcribe
the operative part of this judgment in the register relating thereto and to draw up the birth certificate in favour of the person concerned; ---------------------------------------------------------
Charges the applicant with the costs of this proceeding; --------------------
Thus tried and pronounced by the Kinshasa/N'djili Peace Tribunal at its
public hearing on 20/08/2020 at which Magistrate MULANDU MBEMBA, President of the Chamber, with the assistance of Mr VAMPEKE MBOUCHON, sat, Public Prosecutor’s Officer and assistance of NSONA Euphrasia, Registrar of Headquarters. -----
The Registrar The President of the Chamber
Signed Signed
To copy, certified true
Kinshasa, the 20/08/2020 The Titular Registrar MBIYAVANGA KIMBUETE Elisabeth. Democratic Republic of Congo JUDICIAL POWER
Kinshasa/N'DJILI Peace Court
SERVICE OF A JUDGMENT
In the year two thousand and twenty, on the 20th day of August; At the request of Mr KALONGA MWATSHI Amand, residing on the avenue Kiala n°19, District LOKARI in the Municipality of Masina in Kinshasa;
I, the undersigned Junior MWANANZILA Judicial Officer of the High Court of
Kinshasa/N'djili; MEANT TO: - Mr Head of the Public Prosecutor’s Office at the Kinshasa/N'djili Peace Tribunal; - The civil status officer of the Municipality of Masina in Kinshasa; The consistent dispatch of the judgment rendered by the Kinshasa/N'djili Peace Tribunal dated 20/08/2020 sitting there and sitting in civil and gracious matters under the RPG 8596; Declaring that this service is for information and direction for such legal purposes; And so that the signified do not claim ignorance, I have left them a copy of my present feat, and that of the correct expedition of the aforementioned judgment; 1) Being in: its Office And speaking to: Mr KAKHUBA MAFUTA, Secretary, Thus stated; 2) Being in: its Office And speaking to: Mrs MUSANDA-Félicité, civil servant; So stated Of which act cost…… Congolese franc The Bailiff For reception KAKHUBA MAFUTA Democratic Republic of Congo JUDICIAL POWER
High Court of Kinshasa/N'djili
“Office of the Divisional”
CERTIFICATE OF NON CALL N° 1219/CAB-DIV/TGI-NDJ/2020
I, MUTEBA NGOY François, Divisional Registrar of the High Court of
Kinshasa/N'djili, certify that on the date of issue of this certificate, an appeal has not been filed against the judgment issued publicly on motion against the applicant Mr KALONGA MWATSHI Amand, by the Kinshasa/N'Djili Peace Tribunal, dated 20/08/2020, sitting in civil proceedings and gracious in the first degree under RPG 8596;
In question: Miss KALONGA MWATSHI Amand, residing on Kiala Avenue n°19, Lokari district in the Municipality of Masina in Kinshasa;
This judgment was served on the Prosecutor at the Court of Peace of
Kinshasa/N'djili and the Civil Registry Officer of the Municipality of Masina by the Ministry of the Judicial Officer, Junior MWANANZILA, of the High Court of Kinshasa/N'djili, on 20/08/2020.
