DUSENGUMUREMYI N’ABANDI V SONARWA GENERAL INSURANCE CO LTD N’INDI

DUSENGUMUREMYI N’ABANDI V SONARWA GENERAL INSURANCE CO LTD N’INDI

Sonarwa is liable to pay the contractual compensation of 1,000,000 RWF for the death of the insured employee because the accident involved only one of the five insured, and the misrepresentation of the total number of employees does not affect liability where the number of insured is not exceeded. Moral damages are not payable as they are not provided for in the contract.

Citation
RCA 00042/2020/HC/KIG
Parties
Applicant: Dusengumuremyi Marie Rose, Hategekimana Felicien, Nshimiyimana Appolinaire, Nyirabahire Martha, Nyirahavugimana, Uwiringiyimana Vincente; Respondent: Sonarwa General Insurance Company Ltd; Respondent: SOMIDEMU Ltd (Societe Minière de Mugesera)
Court
High Court
Jurisdiction
Rwanda
Judgment Date
20 May 2021
Case Number
RCA 00042/2020/HC/KIG
Procedural Posture
Civil Appeal / High Court Appellate Judgment
Outcome
appeal dismissed; lower court judgment affirmed
Legal Topics
Employment Insurance, Contractual Obligations, Compensation for Workplace Accidents
Source Language
rw
Contract Law Insurance Law Employment Insurance Contractual Obligations Compensation for Workplace Accidents

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Parties

Dusengumuremyi Marie Rose, Hategekimana Felicien, Nshimiyimana Appolinaire, Nyirabahire Martha, Nyirahavugimana, Uwiringiyimana Vincente

Applicant

Sonarwa General Insurance Company Ltd

Respondent

SOMIDEMU Ltd (Societe Minière de Mugesera)

Respondent

Procedural Posture

Civil Appeal / High Court Appellate Judgment

Legal Issues

  1. 1 Whether the insurer (Sonarwa) is liable to pay compensation when the number of insured employees is less than the actual number employed, but the accident involved only one of the insured.
  2. 2 Whether the applicants are entitled to moral damages (indishyi z’akababaro) under the insurance contract.

Ratio Decidendi

Sonarwa is liable to pay the contractual compensation of 1,000,000 RWF for the death of the insured employee because the accident involved only one of the five insured, and the misrepresentation of the total number of employees does not affect liability where the number of insured is not exceeded. Moral damages are not payable as they are not provided for in the contract.

Court Disposition

appeal dismissed; lower court judgment affirmed

Orders

  • Appeal by applicants dismissed as unfounded.
  • Cross-appeal by Sonarwa dismissed as unfounded.