SANLAM AG PLC v MUKANDAYISENGA

SANLAM AG PLC v MUKANDAYISENGA

The Supreme Court held that the correct rate for calculating economic damages is the deposit rate (7.609%) published by the National Bank of Rwanda at the time of the original judgment, not the 5% CBR used by the lower courts. As a result, SANLAM AG PLC overpaid compensation and is entitled to restitution of the...

Source-derived case information.

Citation
RS/INJUST/RC 00002/2023/SC
Parties
Appellant: SANLAM AG PLC; Respondent: Mukandayisenga Albertine; Respondent: Uzamukunda Emilienne; Respondent: Mukandayiragije Espérance; Respondent: Uwamahoro Denyse; Respondent: Mbonigaba Jean Claude; Respondent: Niyomukiza Bruno; Respondent (legal Representative of Niyomukiza Bruno): Kayitesi Laetitia
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
3 August 2024
Case Number
RS/INJUST/RC 00002/2023/SC
Procedural Posture
Civil Appeal (insurance Accident Compensation) / Supreme Court Review on Grounds of Injustice
Outcome
Appeal allowed in part; lower court judgment modified.
Legal Topics
Motor Vehicle Accident Compensation, Calculation of Deposit Rate for Damages, Restitution of Overpaid Compensation, Interest Rates in Damages Awards
Source Language
rw
Insurance Law Tort Law Civil Procedure Motor Vehicle Accident Compensation Calculation of Deposit Rate for Damages Restitution of Overpaid Compensation Interest Rates in Damages Awards

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Parties

SANLAM AG PLC

Appellant

Mukandayisenga Albertine

Respondent

Uzamukunda Emilienne

Respondent

Mukandayiragije Espérance

Respondent

Uwamahoro Denyse

Respondent

Mbonigaba Jean Claude

Respondent

Niyomukiza Bruno

Respondent

Kayitesi Laetitia

Respondent (legal Representative of Niyomukiza Bruno)

Procedural Posture

Civil Appeal (insurance Accident Compensation) / Supreme Court Review on Grounds of Injustice

Legal Issues

  1. 1 What is the correct deposit rate to use in calculating economic damages for motor vehicle accident compensation under Rwandan law?
  2. 2 Is SANLAM AG PLC entitled to restitution of the overpaid amount and interest?
  3. 3 Are the parties entitled to additional costs or attorney fees?

Ratio Decidendi

The Supreme Court held that the correct rate for calculating economic damages is the deposit rate (7.609%) published by the National Bank of Rwanda at the time of the original judgment, not the 5% CBR used by the lower courts. As a result, SANLAM AG PLC overpaid compensation and is entitled to restitution of the difference. The Court also awarded SANLAM AG PLC partial costs and attorney fees, but denied interest on the restitution amount.

Court Disposition

Appeal allowed in part; lower court judgment modified.

Orders

  • Niyomukiza Bruno (represented by Kayitesi Laetitia) must return 2,441,157 Frw to SANLAM AG PLC as restitution for overpaid damages.
  • Niyomukiza Bruno (represented by Kayitesi Laetitia) must pay SANLAM AG PLC 800,000 Frw for costs and attorney fees.