SORAS AG Ltd v. MTS Ltd
SORAS AG Ltd is contractually obligated to indemnify M.T.S. Ltd for the insured vehicles destroyed by fire, as the insurance contract did not exclude liability for acts of employees of the insured or its directors. Kayibanda Joseph is not vicariously liable because the employee acted outside the scope of employment and for personal reasons. Joint liability between SORAS AG Ltd and Nzayirata Donat is improper as the insurance claim is contractual, not delictual. SORAS AG Ltd must pay damages, legal costs, and penalties for delayed payment as per the insurance contract and applicable law.
Source excerpt
- Employer liability for employee acts
- Insurance indemnity
- Contractual obligations
- Damages for breach of contract
- Subrogation
- Procedural requirements for judgments