SANLAM ASSURANCES GENERALES Plc v NDAYISABA

SANLAM ASSURANCES GENERALES Plc v NDAYISABA

A claimant seeking career damages must prove actual employment at the time of the accident and the impact of the accident on that employment. In the absence of such evidence, career damages cannot be awarded. Ndayisaba failed to provide sufficient proof of employment; therefore, he is not entitled to career damages and must reimburse the amount previously awarded.

Citation
RLR V.1-2026
Parties
Appellant: SANLAM ASSURANCES GENERALES Plc; Respondent: Ndayisaba Mathieu
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
14 March 2025
Case Number
RS/INJUST/RC 00006/2024/SC
Procedural Posture
Civil / Supreme Court Review on Grounds of Injustice
Outcome
Application for review allowed; previous award of career damages set aside; costs awarded to SANLAM.
Legal Topics
Damages, Career Damage, Burden of Proof, Compensation for Personal Injury, Motor Vehicle Accidents
Source Language
en
Civil Procedure Insurance Law Tort Law Damages Career Damage Burden of Proof Compensation for Personal Injury Motor Vehicle Accidents

Case Brief

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Parties

SANLAM ASSURANCES GENERALES Plc

Appellant

Ndayisaba Mathieu

Respondent

Procedural Posture

Civil / Supreme Court Review on Grounds of Injustice

Legal Issues

  1. 1 Whether a claimant without formal employment at the time of an accident is entitled to career damages under Rwandan law
  2. 2 Whether the respondent provided sufficient evidence of employment to justify career damages

Ratio Decidendi

A claimant seeking career damages must prove actual employment at the time of the accident and the impact of the accident on that employment. In the absence of such evidence, career damages cannot be awarded. Ndayisaba failed to provide sufficient proof of employment; therefore, he is not entitled to career damages and must reimburse the amount previously awarded.

Court Disposition

Application for review allowed; previous award of career damages set aside; costs awarded to SANLAM.

Orders

  • Ndayisaba Mathieu to reimburse SANLAM AG Plc Frw 540,000 for career damages.
  • Ndayisaba Mathieu to pay SANLAM AG Plc Frw 800,000 for counsel and procedural fees.