SEBATWARE v. RWANDAIR

SEBATWARE v. RWANDAIR

Rwandair failed to prove that the death of Nyirangororoka Azera was caused by any factor other than the aircraft accident. The evidence established the death resulted from injuries sustained in the crash. The Warsaw Convention as amended by the Hague Protocol applies, but the carrier's prior conduct and the Convention's provisions do not preclude higher compensation if justified. The awarded compensation of 20,000,000 Frw per applicant is upheld as reasonable and not contrary to the Convention.

Citation
RLR V.1-2016
Parties
Applicant: Sebatware Bizimana Sébastien; Applicant: Niyongere Claire; Applicant: Kagame Alexis; Respondent: Rwandair
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
21 July 2015
Case Number
RCOMAA 0021/13/CS
Procedural Posture
Civil Appeal / Supreme Court Final Judgment
Outcome
Appeal by Rwandair dismissed; cross-appeal by applicants partially allowed
Legal Topics
Carrier Liability, Damages for Death, Warsaw Convention, Limitation of Liability, International Air Transport, Compensation Calculation
Source Language
rw, en
Aviation Law Tort Law International Law Carrier Liability Damages for Death Warsaw Convention Limitation of Liability International Air Transport +1 more

Case Brief

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Parties

Sebatware Bizimana Sébastien

Applicant

Niyongere Claire

Applicant

Kagame Alexis

Applicant

Rwandair

Respondent

Procedural Posture

Civil Appeal / Supreme Court Final Judgment

Legal Issues

  1. 1 Whether Rwandair is liable for the death of Nyirangororoka Azera under the Warsaw Convention as amended by the Hague Protocol
  2. 2 Whether the compensation awarded exceeds the maximum under the applicable conventions
  3. 3 Whether the applicants proved the quantum of damages

Ratio Decidendi

Rwandair failed to prove that the death of Nyirangororoka Azera was caused by any factor other than the aircraft accident. The evidence established the death resulted from injuries sustained in the crash. The Warsaw Convention as amended by the Hague Protocol applies, but the carrier's prior conduct and the Convention's provisions do not preclude higher compensation if justified. The awarded compensation of 20,000,000 Frw per applicant is upheld as reasonable and not contrary to the Convention.

Court Disposition

Appeal by Rwandair dismissed; cross-appeal by applicants partially allowed

Orders

  • Rwandair to pay 20,000,000 Frw to each applicant, totaling 60,000,000 Frw in damages
  • Rwandair to pay 1,900,000 Frw for legal costs and fees