SANLAM AG Plc v BAYIJAHE

SANLAM AG Plc v BAYIJAHE

The insurer failed to comply with the legal timeframe and procedure for communicating the 'contre-expertise' report; therefore, the victim's medical report (55% disability) must be used for damages calculation. Damages for loss of marriage prospects are awarded as the victim is single, over 25, and has a qualifying disability. Legal fees are awarded as the victim had legal representation and succeeded in the case.

Citation
RCA 00076/2021/HC/MUS
Parties
Appellant/respondent: SANLAM AG Plc; Respondent/appellant: Bayijahe Fred
Court
High Court
Jurisdiction
Rwanda
Judgment Date
28 November 2022
Case Number
RCA 00076/2021/HC/MUS
Procedural Posture
Civil Appeal / High Court Appellate Judgment
Outcome
Appeal by SANLAM AG Plc dismissed; cross-appeal by Bayijahe Fred allowed in part; lower court judgment modified as to damages only.
Legal Topics
Motor Vehicle Accident, Disability Compensation, Damages Calculation, Loss of Marriage Prospects, Legal Costs
Source Language
rw
Insurance Law Tort Law Civil Procedure Motor Vehicle Accident Disability Compensation Damages Calculation Loss of Marriage Prospects Legal Costs

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Parties

SANLAM AG Plc

Appellant/respondent

Bayijahe Fred

Respondent/appellant

Procedural Posture

Civil Appeal / High Court Appellate Judgment

Legal Issues

  1. 1 Which medical report should be relied upon between the insurer's and the victim's?
  2. 2 Is the victim entitled to damages for loss of marriage prospects?
  3. 3 Is the victim entitled to legal fees as damages?

Ratio Decidendi

The insurer failed to comply with the legal timeframe and procedure for communicating the 'contre-expertise' report; therefore, the victim's medical report (55% disability) must be used for damages calculation. Damages for loss of marriage prospects are awarded as the victim is single, over 25, and has a qualifying disability. Legal fees are awarded as the victim had legal representation and succeeded in the case.

Court Disposition

Appeal by SANLAM AG Plc dismissed; cross-appeal by Bayijahe Fred allowed in part; lower court judgment modified as to damages only.

Orders

  • SANLAM AG Plc to pay Bayijahe Fred economic damages of 4,168,421 Frw.
  • SANLAM AG Plc to pay Bayijahe Fred moral damages of 1,080,000 Frw.