SANLAM ASSURANCE GÉNÉRALES Plc v IZABAYO

SANLAM ASSURANCE GÉNÉRALES Plc v IZABAYO

Sanlam Assurance Générales Plc was properly notified of the hearing and judgment date via legal and electronic means; the appeal period commenced from the date of judgment (23/05/2022). Sanlam's appeal, filed on 20/07/2022, was out of time and therefore inadmissible.

Source-derived case information.

Citation
RCA 00043/2022/HC/RSZ
Parties
Appellant: Sanlam Assurance Générales Plc; Respondent: Izabayo Jean Bosco
Court
High Court
Jurisdiction
Rwanda
Judgment Date
26 July 2023
Case Number
RCA 00043/2022/HC/RSZ
Procedural Posture
Civil Appeal / Judgment on Admissibility of Appeal
Outcome
appeal dismissed as inadmissible
Legal Topics
Appeal Period, Notification of Judgment, Damages for Personal Injury, Admissibility of Appeal
Civil Procedure Insurance Law Tort Law Appeal Period Notification of Judgment Damages for Personal Injury Admissibility of Appeal

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Parties

Sanlam Assurance Générales Plc

Appellant

Izabayo Jean Bosco

Respondent

Procedural Posture

Civil Appeal / Judgment on Admissibility of Appeal

  1. 1 Whether Sanlam Assurance Générales Plc filed its appeal within the legally prescribed period
  2. 2 Whether the notification of the judgment was properly effected to Sanlam Assurance Générales Plc
  3. 3 Entitlement to damages and legal costs

Ratio Decidendi

Sanlam Assurance Générales Plc was properly notified of the hearing and judgment date via legal and electronic means; the appeal period commenced from the date of judgment (23/05/2022). Sanlam's appeal, filed on 20/07/2022, was out of time and therefore inadmissible.

Court Disposition

appeal dismissed as inadmissible

Orders

  • Sanlam Assurance Générales Plc to pay Izabayo Jean Bosco economic damages of 6,270,267 Frw, moral damages of 432,000 Frw, loss of earning capacity damages of 540,000 Frw, travel expenses of 45,600 Frw, legal fees of 500,000 Frw, reimbursement of court deposit 20,000 Frw, and bailiff fees 20,000 Frw, totaling...
  • Sanlam Assurance Générales Plc to pay Izabayo Jean Bosco additional legal costs and attorney fees on appeal of 500,000 Frw, enforceable by the State if not paid voluntarily.