BIKORIMANA v RDB

BIKORIMANA v RDB

The applicant failed to prove that the employee's act was committed in the course of employment and in the employer's interest. The evidence did not establish a sufficient connection between the wrongful act and the employee's assigned duties. Therefore, the employer (RDB) is not liable for the damages claimed.

Citation
U RCA 00061/2022/HC/NYZ
Parties
Applicant: Bikorimana James; Respondent: Rwanda Development Board (RDB)
Court
High Court
Jurisdiction
Rwanda
Judgment Date
29 September 2023
Case Number
U RCA 00061/2022/HC/NYZ
Procedural Posture
Civil Appeal / High Court Appellate Judgment
Outcome
appeal dismissed
Legal Topics
Employer Liability, Vicarious Liability, Damages, Burden of Proof
Source Language
rw
Tort Law Employment Law Civil Procedure Employer Liability Vicarious Liability Damages Burden of Proof

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Parties

Bikorimana James

Applicant

Rwanda Development Board (RDB)

Respondent

Procedural Posture

Civil Appeal / High Court Appellate Judgment

Legal Issues

  1. 1 Whether the employer (RDB) is liable for damages caused by its employee's criminal act
  2. 2 Whether the act was committed in the course of employment and in the employer's interest
  3. 3 Whether the applicant is entitled to damages

Ratio Decidendi

The applicant failed to prove that the employee's act was committed in the course of employment and in the employer's interest. The evidence did not establish a sufficient connection between the wrongful act and the employee's assigned duties. Therefore, the employer (RDB) is not liable for the damages claimed.

Court Disposition

appeal dismissed

Orders

  • The appeal by Bikorimana James is dismissed as unfounded.
  • Rwanda Development Board is not liable for the damages claimed by Bikorimana James.