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THE PEACE COURT OF KINSHASA N'DJILI IS SITTING THERE AND SITTING IN

CIVIL AND GRACIOUS MATTERS RENDERED THE FOLLOWING JUDGMENT:

RPG 8657 FIRST SHEET

PUBLIC HEARING ON SEPTEMBER 3 TWO THOUSAND TWENTY.--------------------

IN ISSUE: Miss KALONGA KALONGA Aristide, residing on Kiala Avenue n°19, District
Lokari in the municipality of Masina in Kinshasa;---------------

= REQUESTOR=

By its request of 28 August 2020 addressed to the President of this court in these
terms;---------------------------------------------------------------------------------

Kinshasa, the 28/08/2020

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 what the purpose of which is set out
above in my favour;-------------------------------------------------------------------------------------------

"I was born in Kinshasa on 25/05/2001 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 KALONGA Aristride
"==================================================================

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The cause thus regular registered in the civil and graceful roll of the Court of Sitting
under RPG 8657, was fixed and called to the public hearing of 03/09/2020 during which
the applicant appeared in person without the assistance of counsel and the Court found
itself declared seized on request;-------------------------------------------------------------------------

Having regard to the investigation of the case made at this hearing;----------------------------

Yes, the applicant, in his oral submissions, pleases the Tribunal to grant the full benefit
of his opening inquiry;…………………………………

***//***

RPG 8657 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 03/09/2020 publicly pronounced the following judgment:---------------

=/=JUDGMENT=/=

Whereas, by its request of 28/08/2020 addressed to the President of the Kinshasa/N'djili


Peace Tribunal, Miss KALONGA KALONGA Aristide, 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 is clear from the terms of the motion and from the evidence gathered at the
hearing that the so-called KALONGA KALONGA Aristide was born in Kinshasa on
25/05/2001 from 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;-----------------------------------------

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;----------------------------------------------------------------------------------------------

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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 notes that the named KALONGA
KALONGA Aristide 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 the birth
the parents resided on the avenue Kiala n°19, Lokari district in the municipality of
Masina in Kinshasa;-----------------------------------------

That from the foregoing, the Court of Peace shall receive the motion of Miss KALONGA
KALONGA Aristide 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.---------------------------------------------------------------

***//***

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RPG 8657 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 Miss KALONGA KALONGA Aristide was born in Kinshasa, on


25/05/2001, 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.

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Democratic Republic of Congo
JUDICIAL POWER

Kinshasa/N'DJILI Peace Court

SERVICE OF A JUDGMENT

The year two thousand and twenty, the 03rd day of September;
At the request of Mademoiselle KALONGA KALONGA Aristide, residing on Kiala
Avenue n°19, Quartier LOKARI in the municipality of Masina in Kinshasa;

I, the undersigned Junior MWANANZILA Judicial Officer of the High Court of


Kinshasa/N'djili;
AI MEANS A:
- 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 03/09/2020 sitting there and sitting in civil and gracious matters
under RPG 8657;
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

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Democratic Republic of Congo
JUDICIAL POWER

High Court of Kinshasa/N'djili


“Office of the Divisional”

CERTIFICATE OF NON CALL NO. 1220/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 given publicly on application against the applicant Miss
KALONGA KALONGA Aristide, by the Kinshasa/N'Djili Peace Tribunal, dated
03/09/2020, sitting in civil matters and gracious in the first degree under RPG 8657;

In issue: Miss KALONGA KALONGA Aristide, residing on Kiala Avenue n°19, Lokari
district in the municipality of Masina in Kinshasa;

This judgment was served on the Prosecutor at the Peace Court 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 03/09/2020.

Done at Kinshasa, on 20/11/2020

The Divisional Registrar

MUTEBA NGOY François

Head of Division

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