Rwanda Case Law

RADIANT INSURANCE COMPANY Ltd v UWAJENEZA N’ABANDI

Court

High Court

Case number

RCA 00329/2022/HC/KIG

Liability to reimburse the insurer for compensation paid after a traffic accident attaches to the actual possessor and user of the vehicle at the time of the accident, even if the vehicle remains registered to another. The sale was effective between Uwajeneza and Niyonagize, and Niyonagize, as possessor and driver, is liable to reimburse Radiant Insurance Company for the amount paid to the accident victim.

Source excerpt

• Motor vehicle insurance liability
• Transfer of ownership
• Subrogation
• Compensation for traffic accident
• Standing to claim indemnity

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SANLAM INSURANCE COMPANY LTD v KIZANYE N’ABANDI

Court

High Court

Case number

RS/INJUST/RC 00004/2023/CA

The High Court held that Sanlam Insurance Company Ltd is not liable for compensation because the accident was caused by a driver without a valid license and the vehicle was carrying unauthorized passengers, both of which are serious breaches of the insurance contract. Such breaches are not ordinary negligence but fundamental violations that exclude coverage under the insurance policy.

Source excerpt

• Motor vehicle insurance liability
• Breach of insurance contract
• Liability for unauthorized driver
• Compensation for road accident victims

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NDATSIKIRA v MUA INSURANCE RWANDA Ltd

Court

Court of Appeal

Case number

RS/INJUST/RC 00001/2023/CA

The Court of Appeal held that an RSSB letter was new decisive evidence, reopened the case, and affirmed motor-insurance liability for a mechanical-defect accident.

• Reopening of judgment on new evidence
• Motor vehicle insurance liability
• Workplace accident compensation
• Choice of compensation regime
• Burden of proof for new evidence
• New-evidence

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