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Rwanda decisions
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The Supreme Court held that Radiant Insurance Company Ltd could not recover compensation paid to an accident victim from the motorcycle owner absent proof of intentional fault.
The Supreme Court held that the insurer could not recover from the insured the indemnity paid to an accident victim where the accident was caused by a borrower driving the motorcycle while intoxicated.
The Court of Appeal upheld Nsengiyumva Innocent’s conviction and reduced Ngendahimana Evariste’s sentence because of his age, while affirming compensation orders.
RDB is not liable for damages because Munyaneza Jean Paul committed the crime intentionally for personal reasons, outside the direct scope of his employment duties, and not in pursuit of the employer's interests. Liability for damages attaches only when the employee acts within assigned functions and for the employer's benefit.
Source excerpt
The Supreme Court held that the conviction was supported by a convergence of testimonial and physical evidence, including the victim's statements, the mother's observations, the teacher's testimony, and the medical report, which was validated when the doctor swore an oath and explained it in court. The procedural defect in the medical report was curable and did not affect the substance of the evidence. The damages awarded were within the trial court's discretion and not shown to be excessive. The appeal was therefore dismissed.
Source excerpt
The Supreme Court reduced civil damages for murder to 2,145,000 Frw, but held that co-offenders remain jointly liable in solidum even if only one appealed.
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