Motion-Secondary: GISELE IRAGI KATEMBERGA vs ELIE MUGARUKA CHIHEBEYI

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                                Case No:      360-667260-19

                                                                                                   Elie Mugaruka Chihebeyi

                                                                                                   604   Bridle Ave,



                                                                                                    Tx 76108




                                                                                                     April    11, 2021

                  To

                  The   Judge Patricia Bennett

                  360th Juridical      District

                  Tarrant County,        Texas.

                  United States of America.




                  Comcem:



                  In the matter of Marriage of

                  Elie Mugaruka Chihebeyi

                  And

                  Gisele    Iragi  Katembera



                  And    in the   interest of
                  Benedictin Magene Mugaruka

                  Vincent Munguakonkwa Mugaruka

                  Magnificence Asimwa Mugaruka

                  Jean   Claude Minjamanji Mugaruka

                  Josue Ntwalingishe Mugaruka

                  William Munguampire Mugaruka



                  REPPL Y TO          THE PETIONER OBJECTION TO THE NEW TRIAL, April                                          09,
                  2021

                  The Respondent hereby rejoins the Petitioner and set out points of law to move the
                  Honorable       Court    in the   interest of justice, fairness        and equality as follows:

                  1) The    objection was based on P.            329b(c) and the case          law to mention Laity vs.
                  Owens 907        S.w.   2d 484,406 Tex          1995) which principles as            stated in per curium
                  however the present case            is distinguishable from the authorities stated by the
                  Petitioner. In the present case, there was defective                   services of court process which
                  makes the orders issued annularity as they contravene the provisions of the law i.e.
                  alter am pattern (hear the other party).



                  2) This    is not a case on appeal but a case which before a competent court that                             is not
                  focus    official and if the      court has no jurisdiction then            I implore the Court to         send
                  the  file to the    court of jurisdiction for review of the              decision and orders under P.
                  329 b(f),    (g) &(h).



                  3) It is  a cardinal principle of law that the Court shall                  hear both parties and
                  dispense Justice without undue regard to technicalities in procedure. It follows
                  from the above that the           sat, adjudicated the case unjustly using technicality to
                  abuse the process.        The    law Texas      does not condone impunity that the Petitioner
                  and her Attorney used to obtain a judgment and orders against me                              in breach of the
                  law.



                  4) The Unilateral        grant of custody of my two             children to     the petitioner who         is not
                  their biological mother is an unlawful                syndicate by the        Petitioner's Attorney to
                  deprive my children a bright             future.   The children's benefits were misappropriated
                  by the Petitioner in mala fide            against the best       interests of my children.

                  5) Court should note the pray to              stay execution was violated by the Petitioner and
                  our residence       is on sale and income of support is being deducted                      from me unjustly.



                  Wherefore 1 pray that the Honorable                 finds   it appropriate to refer the         file to  a court
                  of competent jurisdiction for review based on                    facts  and compelling evidence
                  submitted in the        interest of justice and by operation of law.



                  I certify that a true copy of the           above was      served on each Attorney of record
                  through the Honorable Court in accordance with the Texas Rules of Civil
                  Procedure on        11  day of April 2021.




                  Signed on April         12, 2021




                  Elie Mugaruka Chihebeyi

                  8173448540



                  Conform       copy:
                      1.   The representative         in the District Court,
                      2.   The Clerk.
                      3.   Jodie Connaughton.



                  Copies for Information:



                      1.   Amnesty International USA Headquaters,
                      2.   Human Rights         Initiative of Texas
                      3.   Human      Rights    Watch
                      4.   State Court
                      5.   Texas Civil Human Rights Project
                      6.   Texas Commission on Human Rights
                      7.   Child Support office
                      8.   Austin Human Rights             Commission.