SANLAM v KARANGWAYIRE NABANDI

SANLAM v KARANGWAYIRE NABANDI

The court found that Karangwayire Caritas provided sufficient evidence of dependency on the deceased, including her status as a poor, widowed, elderly woman in the lowest social category, living with the deceased. SANLAM failed to provide evidence to the contrary or to show any other means of support. The calculation of damages using the minimum wage and the awarded funeral expenses were found appropriate and lawful. The appeal had no merit and the lower court's decision was upheld in full.

Citation
RCA 00195/2022/HC/KIG
Parties
Appellant: SANLAM ASSURANCES GENERALES Plc; Respondents: KARANGWAYIRE Caritas n'abandi
Court
High Court
Jurisdiction
Rwanda
Judgment Date
25 August 2023
Case Number
RCA 00195/2022/HC/KIG
Procedural Posture
Civil Appeal / High Court Appellate Judgment
Outcome
appeal dismissed; lower court judgment affirmed in full
Legal Topics
Compensation for Fatal Accident, Burden of Proof for Dependency, Quantification of Damages, Funeral Expenses
Source Language
rw
Insurance Law Tort Law Civil Procedure Compensation for Fatal Accident Burden of Proof for Dependency Quantification of Damages Funeral Expenses

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Parties

SANLAM ASSURANCES GENERALES Plc

Appellant

KARANGWAYIRE Caritas n'abandi

Respondents

Procedural Posture

Civil Appeal / High Court Appellate Judgment

Legal Issues

  1. 1 Whether Karangwayire Caritas was entitled to economic damages as a dependent of the deceased Serutagoma Silas
  2. 2 Whether the funeral expenses awarded were appropriate

Ratio Decidendi

The court found that Karangwayire Caritas provided sufficient evidence of dependency on the deceased, including her status as a poor, widowed, elderly woman in the lowest social category, living with the deceased. SANLAM failed to provide evidence to the contrary or to show any other means of support. The calculation of damages using the minimum wage and the awarded funeral expenses were found appropriate and lawful. The appeal had no merit and the lower court's decision was upheld in full.

Court Disposition

appeal dismissed; lower court judgment affirmed in full

Orders

  • SANLAM ASSURANCES GENERALES Plc to pay Karangwayire Caritas economic damages of 8,234,604 Frw and moral damages of 810,000 Frw (total 9,044,604 Frw)
  • SANLAM ASSURANCES GENERALES Plc to pay the seven siblings of the deceased moral damages totaling 3,780,000 Frw (540,000 Frw each)