HABUMUGISHA v OLD MUTUAL INSURANCE PLC

HABUMUGISHA v OLD MUTUAL INSURANCE PLC

Plaintiff did not provide sufficient evidence of actual employment, so is not entitled to loss of earnings but is entitled to compensation for loss of opportunity to work. Only medical expenses supported by receipts are recoverable. Withdrawal of the incidental appeal has no adverse effect on the main appeal or...

Source-derived case information.

Citation
RCA 00082/2023/HC/KIG
Parties
Plaintiff: Habumugisha Samuel; Defendant: Old Mutual Insurance Rwanda PLC
Court
High Court
Jurisdiction
Rwanda
Judgment Date
25 August 2023
Case Number
RCA 00082/2023/HC/KIG
Procedural Posture
Civil Appeal / Final Judgment
Outcome
partially allowed
Legal Topics
Personal Injury Compensation, Loss of Earnings, Proof of Employment, Medical Expenses, Withdrawal of Incidental Appeal
Insurance Law Tort Law Civil Procedure Personal Injury Compensation Loss of Earnings Proof of Employment Medical Expenses Withdrawal of Incidental Appeal

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Parties

Habumugisha Samuel

Plaintiff

Old Mutual Insurance Rwanda PLC

Defendant

Procedural Posture

Civil Appeal / Final Judgment

  1. 1 Whether the plaintiff is entitled to compensation for loss of earnings without proof of employment
  2. 2 Whether the medical expenses claimed are supported by evidence
  3. 3 Legal effect of withdrawal of incidental appeal

Ratio Decidendi

Plaintiff did not provide sufficient evidence of actual employment, so is not entitled to loss of earnings but is entitled to compensation for loss of opportunity to work. Only medical expenses supported by receipts are recoverable. Withdrawal of the incidental appeal has no adverse effect on the main appeal or parties.

Court Disposition

partially allowed

Orders

  • Old Mutual Insurance Rwanda PLC to pay plaintiff RWF 9,411,620 for economic damages.
  • To pay RWF 1,620,000 for pain and suffering.