Rwanda Case Law

PRIME INSURANCE COMPANY Ltd v SHUMBUSHO

Court

Supreme Court

Case number

RS/INJUST/RC00027/2024/SC

Shumbusho Dan complied with statutory requirements by submitting a complete dossier including the police accident report and seeking settlement in good faith. Prime Insurance Company Ltd failed to demonstrate procedural irregularity or lack of evidence. Damages were correctly calculated based on Supreme Court precedent for professional motorcycle taxi drivers. The request for review based on alleged injustice was unfounded.

Source excerpt

• Motor vehicle accident compensation
• Procedural requirements for claims
• Quantification of damages
• Burden of proof

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MIREMBE v RADIANT UNSURANCE COMPANY Ltd

Court

Supreme Court

Case number

RS/INJUST/RC00015/2024/SC

A permanently disabled accident victim is entitled to economic and career impairment damages under Rwandan law, even if they continue working and earning a salary, provided the disability is permanent and exceeds the statutory threshold. The lower court erred in denying such damages based solely on continued employment.

Source excerpt

• Motor vehicle accident compensation
• Permanent disability damages
• Loss of earning capacity
• Career impairment damages
• Procedural law (revision for injustice)

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MUKARUHUNGA v. RADIANT INSURANCE COMPANY Ltd

Court

Supreme Court

Case number

RS/INJUST/RC00019/2024/SC

Applicant is entitled to economic loss and professional impairment damages based on permanent disability (60%), regardless of continued employment, as statutory and case law require compensation proportional to impairment and its impact on earning capacity and professional advancement.

Source excerpt

• Motor vehicle accident compensation
• Permanent disability
• Loss of earning capacity
• Professional impairment
• Damages calculation

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SANLAM AG Plc v BIZIMANA

Court

Supreme Court

Case number

RS/INJUST/RC 00005/2024/SC

SANLAM AG Plc failed to prove that the insured driver or Bizimana Védaste acted with the specific intent to cause harm (faute intentionnelle). The insured's and victim's actions, while negligent, did not amount to intentional conduct that would exclude insurance coverage. The victim's fault was not the sole cause of the accident, nor was it intentional. Therefore, SANLAM remains liable for compensation under Rwandan law.

Source excerpt

• Motor vehicle accident compensation
• Insurer liability
• Intentional torts
• Contributory negligence
• Damages

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SANLAM ASSURANCES GENERALES Plc v NDAYISABA

Court

Supreme Court

Case number

RS/INJUST/RC 00006/2024/SC

The Supreme Court held that career impairment damages require proof of employment or study at the time of the accident. Ndayisaba had not proved a job, so he must refund that award.

• Motor vehicle accident compensation
• Career impairment damages
• Burden of proof
• Review for injustice
• Career-impairment-damages
• Burden-of-proof

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NZAJYIBWAMI N’ABANDI v. SANLAM AG PLC

Court

Supreme Court

Case number

RS/INJUST/RC 00023/2024/SC

The Supreme Court restored non-pecuniary damages but rejected pecuniary damages, finding the applicants had not proved financial dependency on the deceased.

• Motor vehicle accident compensation
• Pecuniary damages
• Non-pecuniary damages
• Burden of proof
• Evidence admissibility
• Motor-vehicle-accident-compensation

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RADIANT INSURANCE COMPANY LTD v MUKABERA

Court

Supreme Court

Case number

RS/INJUST/RC 00005/2023/SC

The Supreme Court reversed a dependency-damages award, holding that a local authority certificate alone did not prove the claimant was actually supported by the deceased.

• Motor vehicle accident compensation
• Dependency damages
• Burden of proof
• Review for injustice
• Dependency-damages
• Motor-vehicle-accident-compensation

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SANLAM AG PLC v MUKANDAYISENGA

Court

Supreme Court

Case number

RS/INJUST/RC 00002/2023/SC

The Supreme Court held that motor-accident economic damages must use the BNR deposit rate, not the CBR, and ordered repayment of overpaid compensation.

• Motor vehicle accident compensation
• Calculation of deposit rate for damages
• Restitution of overpaid compensation
• Interest rates in damages awards
• Motor-vehicle-accident-compensation
• Deposit-rate

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RADIANT INSURANCE COMPANY LTD v NIYONAGIZE

Court

High Court

Case number

RCA 00055/2023/HC/RSZ

Damages for loss of earnings cannot be awarded to a claimant who fails to prove actual employment at the time of the accident; only demonstrable losses are compensable. The High Court set aside the lower court's award for loss of earnings, upheld the award for pain and suffering at the agreed amount, and confirmed the calculation of medical and related expenses based on judicial discretion.

Source excerpt

• Motor vehicle accident compensation
• Damages for loss of earnings
• Medical expenses
• Pain and suffering
• Burden of proof

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RADIANT INSURANCE COMPANY Ltd v MUKANEZA

Court

Supreme Court

Case number

RS/INJUST/RC 00007/2023/SC

A victim of a motor vehicle accident who suffers permanent disability exceeding 30% is entitled to economic loss and career impairment damages under Rwandan law, regardless of whether they continued working or receiving salary. The law does not require total job loss for such compensation. The Supreme Court affirms the High Court's calculation and award of damages.

Source excerpt

• Motor vehicle accident compensation
• Permanent disability damages
• Economic loss
• Career impairment
• Bodily injury compensation

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