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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SANLAM AG PLC v HABIYAREMYE N’ABANDI

Court

High Court

Case number

RCA00004/2022/HC/KIG

The High Court held that an owner’s declaration and police report were not enough to prove the deceased was an employee of the vehicle for insurance purposes.

• Motor vehicle accident compensation
• Burden of proof of employment
• Insurance contract interpretation
• Damages calculation
• Motor-vehicle-accident-compensation
• Insurance-contract-interpretation

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MUKADEMOKARASI N’ABANDI VS SANLAM AG PLC

Court

Court of Appeal

Case number

RS/INJUST/RC 00013/2022/CA

The Court of Appeal held that a deceased passenger was a third party for compensation purposes, so damages had to be calculated under the statutory motor-vehicle accident regime.

• Motor vehicle accident compensation
• Insurance contract interpretation
• Damages calculation
• Standing of third parties in insurance claims
• Motor-vehicle-accident-compensation
• Insurance-contract-interpretation

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SANLAM Assurance Générales Plc v HATUNGIYAREMYE

Court

High Court

Case number

RCA 00050/2022/HC/RSZ (

SANLAM Assurance Générales Plc is liable for damages arising from the accident because there was no proven breach of the insurance contract by the insured. The insurer's right to deny liability is contingent on such a breach, which was not established. The accident resulted from the driver's negligence, and the insurance policy covers such risks. The precedent cited by SANLAM does not apply as the facts differ materially—there was no evidence of overloading, unauthorized driver, or other contractual violations in this case.

Source excerpt

• Motor vehicle accident liability
• Insurance contract interpretation
• Damages for personal injury
• Burden of proof in insurance claims

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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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RADIANT INSURANCE COMPANY LTD V KAMALI N’ABANDI

Court

High Court

Case number

RCA00021/2022/HC/RWG

The court held that where a specific insurance contract for employees exists, compensation for death or injury of an employee working on the vehicle must be determined by the terms of that contract, not by the general presidential decree. The lower court's decision to award higher damages based on the decree was overturned, and compensation was limited to the amounts specified in the employee insurance contract.

Source excerpt

• Motor vehicle accident compensation
• Insurance contract interpretation
• Employee insurance coverage

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SONARWA GENERAL INSURANCE COMPANY Ltd(SONARWA) v. NYIRAGANZA

Court

Supreme Court

Case number

RS/INJUST/RC 00047/2017/SC

The Supreme Court held that SONARWA had to reimburse medical expenses in India after failing to respond on the medical commission, and a signed receipt did not prove a full transaction.

• Insurance contract interpretation
• Personal injury compensation
• Medical expenses abroad
• Transaction evidence
• Damages calculation
• Review due to injustice

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SONARWA GENERAL INSURANCE COMPANY Ltd(SONARWA) v. NYIRAGANZA

Court

Supreme Court

Case number

RS/INJUST/RC 00047/2017/SC

The Supreme Court held that SONARWA had to reimburse medical expenses incurred in India after failing to respond to the request for a medical commission, but rejected higher loss claims.

• Insurance contract interpretation
• Compensation for personal injury
• Medical expenses abroad
• Burden of proof
• Review due to injustice
• Insurance-law

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SORAS ASSURANCES GENERALES Ltd v. TROMEA Ltd_304106_en

Court

Supreme Court

Case number

RCOMAA0020/16/CS

The Supreme Court held that criminal proceedings stay civil proceedings only for claims arising from the offence, and upheld an arbitration award in an insurance dispute.

• Insurance contract interpretation
• Arbitration award challenge
• Precedence of criminal over civil proceedings
• Damages for breach of contract
• Arbitration-award-challenge
• Insurance-contract

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NGARAMBE v. COGEAR Ltd

Court

Supreme Court

Case number

RCOMAA 0042/15/CS

The Supreme Court held that excluded insurance losses were not recoverable, but repair-estimate costs were. It also upheld a net fee set-off between the parties.

• Insurance contract interpretation
• Pecuniary damages
• Burden of proof
• Exclusion clauses
• Compensation for damages
• Procedural and advocate fees

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