SANLAM v MUKANKIKO NABANDI

SANLAM v MUKANKIKO NABANDI

Both the deceased and the driver contributed to the accident; the deceased by climbing onto the moving trailer without permission, and the driver by failing to exercise due care. Therefore, compensation is set at 50% of what would otherwise be awarded. The appeal by SANLAM AG PLC is dismissed, and the compensation and partial legal fees awarded at first instance are upheld with a minor adjustment on the legal fees for the appeal.

Citation
RCA 00021/2022/HC/NYZ
Parties
Appellant: SANLAM AG PLC; Respondents: Mukankiko Beata, Munyaneza Ildephonse, Byiringiro, Dusabimana, Ntezimana Felix
Court
High Court
Jurisdiction
Rwanda
Judgment Date
3 March 2023
Case Number
RCA 00021/2022/HC/NYZ
Procedural Posture
Civil Appeal / High Court Appellate Judgment
Outcome
appeal dismissed
Legal Topics
Motor Vehicle Accident Liability, Contributory Negligence, Compulsory Insurance, Damages Assessment, Appeal Procedure
Source Language
rw
Tort Law Insurance Law Civil Procedure Motor Vehicle Accident Liability Contributory Negligence Compulsory Insurance Damages Assessment Appeal Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 8 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

SANLAM AG PLC

Appellant

Mukankiko Beata, Munyaneza Ildephonse, Byiringiro, Dusabimana, Ntezimana Felix

Respondents

Procedural Posture

Civil Appeal / High Court Appellate Judgment

Legal Issues

  1. 1 Whether SANLAM AG PLC is liable to pay compensation for the accident resulting in Kaneza Ildephonse's death
  2. 2 Whether the driver Runiga Emmanuel had any contributory fault in the accident
  3. 3 Whether compensation should be reduced due to the deceased's own contribution to the accident

Ratio Decidendi

Both the deceased and the driver contributed to the accident; the deceased by climbing onto the moving trailer without permission, and the driver by failing to exercise due care. Therefore, compensation is set at 50% of what would otherwise be awarded. The appeal by SANLAM AG PLC is dismissed, and the compensation and partial legal fees awarded at first instance are upheld with a minor adjustment on the legal fees for the appeal.

Court Disposition

appeal dismissed

Orders

  • SANLAM AG PLC to pay respondents compensation amounting to 2,675,950 Rwandan Francs as previously awarded (50% of full damages)
  • SANLAM AG PLC to pay respondents an additional 250,000 Rwandan Francs as partial legal fees for the appeal