Rwanda Case Law

NIL MINING COMPANY LTD V ICYIMANIMPAYE N’ABANDI

Court

High Court

Case number

RCA00003/2023/HC/MUS

In the absence of a specific statute governing compensation for mining accidents, damages must be assessed based on the general principle of liability for harm caused by things under one's control. Insurance contract limits do not bind third-party claimants. The court has discretion to determine appropriate compensation, and the special law on road accident compensation does not apply. Costs and attorney fees are not awarded where parties have both succeeded and failed on different issues.

Source excerpt

• Compensation for workplace accidents
• Liability for mining accidents
• Insurance contract interpretation
• Damages assessment

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IKIGEGA CYIHARIYE CY'INGOBOKA (SGF) v MURWANASHYAKA

Court

High Court

Case number

RCA00050/2022/HC/MUS

Late notification of the accident does not bar the claim if the claimant was prevented by illness and had no one else to notify on his behalf. Damages for loss of earning capacity cannot be awarded without proof of employment. Other damages for case follow-up and travel are justified.

Source excerpt

• Motor vehicle accident compensation
• Statutory time limits
• Damages assessment
• Burden of proof
• Appeal procedure

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RADIANT INSURANCE COMPANY LTD V KAMALI N’ABANDI

Court

High Court

Case number

RCA00021/2022/HC/RWG

The High Court partly allowed Radiant Insurance’s appeal and held that compensation for a vehicle employee killed in the accident had to follow the specific insurance contract.

• Motor vehicle accident compensation
• Insurance contract interpretation
• Employee coverage under insurance
• Damages assessment
• Insurance-law
• Motor-vehicle-accident-compensation

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KAMANZI v SONARWA NABANDI

Court

High Court

Case number

RCA 00190/2021/HC/KIG

The High Court held that SONARWA, as insurer of the vehicle at fault, must pay the accident damages and not Kamanzi Wellars personally.

• Motor vehicle accident liability
• Insurance indemnity
• Recourse actions
• Damages assessment
• Motor-vehicle-accident-liability
• Insurance-indemnity

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BUGINGO V USANASE N’ABANDI

Court

High Court

Case number

RCA00033/2022/HC/MUS

The incident was not a road traffic accident but a workplace accident involving misuse of vehicle equipment; thus, the employer is vicariously liable for damages caused by the employee acting within the scope of employment. The lower court's award of damages was within its discretionary powers, and the appeal lacked merit.

Source excerpt

• Vicarious liability
• Compensation for non-traffic accident
• Damages assessment
• Procedural admissibility

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SANLAM v MUKANKIKO NABANDI

Court

High Court

Case number

RCA 00021/2022/HC/NYZ

The High Court upheld a 50% compensation award after finding both the deceased and the driver contributed to the fatal road accident.

• Motor vehicle accident liability
• Contributory negligence
• Compulsory insurance
• Damages assessment
• Appeal procedure
• Motor-vehicle-accident-liability

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SANLAM v NYIRIGIRA

Court

High Court

Case number

RCA 00159/2021/HC/KIG

The High Court partly allowed Sanlam’s appeal, removing compensation for loss of career because the claimant was retired, but upholding physiotherapy and appeal costs.

• Motor vehicle accident compensation
• Damages assessment
• Appeal procedure
• Motor-vehicle-accident-compensation
• Damages-assessment
• Appeal-procedure

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PRIME INSURANCE COMPANY v UWIMANIMPAYE

Court

Supreme Court

Case number

RS/INJUST/RC 00010/2021/SC

Rwanda’s Supreme Court partly allowed a review-for-injustice application, recalculated accident damages using a 49% disability report and ordered reimbursement of the excess paid.

• Motor vehicle accident compensation
• Damages assessment
• Loss of earnings
• Review for injustice
• Burden of proof
• Motor-vehicle-accident-compensation

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SONARWA GI v IRANKUNDA N’ABANDI

Court

High Court

Case number

RCA 00016/2021/HC/NYZ

The High Court dismissed SONARWA GI’s appeal, upheld the damages award, and confirmed that delay damages did not apply after the settlement was abandoned in favor of litigation.

• Motor vehicle accident compensation
• Damages assessment
• Contract validity
• Appeal procedure
• Motor-vehicle-accident-compensation
• Civil-appeal

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AKARERE KA GICUMBI v. WOORD GROUP Ltd

Court

Court of Appeal

Case number

RCOMA 00008/2021/CA (

The Court of Appeal held that the jurisdictional threshold for a second appeal is met only if the damages awarded by the lower court equal or exceed 75,000,000 Frw; since only 48,164,060 Frw was awarded, the second appeal by Akarere ka Gicumbi was inadmissible. The court also awarded WOORD GROUP Ltd reasonable attorney fees and costs, as it was compelled to defend against the inadmissible appeal.

Source excerpt

• Jurisdiction of appellate courts
• Contract performance
• Damages assessment
• Costs and attorney fees

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