SANLAM v RWAMIRERA

SANLAM v RWAMIRERA

The High Court held that SANLAM could not rely on the 10% disability report as it was not presented at first instance, and that loss of earnings damages could not be awarded without proof of employment. The award for loss of earnings was set aside, and the total compensation reduced accordingly. No costs or attorney...

Source-derived case information.

Citation
RCA00086/2022/HC/MUS
Parties
Appellant: SANLAM Ltd; Respondent: Rwamirera Célestin
Court
High Court
Jurisdiction
Rwanda
Judgment Date
27 June 2023
Case Number
RCA00086/2022/HC/MUS
Procedural Posture
Civil Appeal / High Court Appellate Judgment
Outcome
Appeal partially allowed; cross-appeal dismissed.
Legal Topics
Motor Vehicle Accident Compensation, Bodily Injury Damages, Loss of Earnings, Admissibility of Evidence on Appeal, Costs and Attorney Fees
Source Language
rw
Insurance Law Tort Law Civil Procedure Motor Vehicle Accident Compensation Bodily Injury Damages Loss of Earnings Admissibility of Evidence on Appeal Costs and Attorney Fees

Source-derived case record

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Parties

SANLAM Ltd

Appellant

Rwamirera Célestin

Respondent

Procedural Posture

Civil Appeal / High Court Appellate Judgment

Legal Issues

  1. 1 Whether evidence of reduced disability (10%) not presented at first instance can be introduced on appeal
  2. 2 Whether respondent was entitled to loss of earnings damages without proof of employment
  3. 3 Whether additional claims for costs and attorney fees on appeal are justified

Ratio Decidendi

The High Court held that SANLAM could not rely on the 10% disability report as it was not presented at first instance, and that loss of earnings damages could not be awarded without proof of employment. The award for loss of earnings was set aside, and the total compensation reduced accordingly. No costs or attorney fees were awarded on appeal as both parties had partial success.

Court Disposition

Appeal partially allowed; cross-appeal dismissed.

Orders

  • Award for loss of earnings (540,000 Frw) set aside.
  • Total compensation to respondent reduced to 1,650,600 Frw.