Rwanda Case Law

SONARWA GENERAL INSURANCE COMPANY LTD v. GASANA N’ABANDI

Court

Supreme Court

Case number

RS/INJUST/RC 00007/2024/SC

The Supreme Court held that the respondents failed to provide sufficient and credible evidence of actual dependency on the deceased as required by law. The notarized document and local authority confirmation were insufficient, especially since the parent was of working age and no evidence of incapacity was provided. Consequently, pecuniary damages previously awarded were set aside. The Court also found that certain funeral and related expenses were not necessary or reasonable under the law and reduced the award accordingly.

Source excerpt

• Compensation for fatal road accidents
• Pecuniary damages
• Evidence requirements for dependency
• Funeral and medical expenses
• Review for miscarriage of justice

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UBUSHINJACYAHA v MAGARA N’ABANDI

Court

Supreme Court

Case number

RS/INJUST/RP 00001/2020/SC

The Supreme Court held that only applicants for review for miscarriage of justice may seek relief, unless the subject matter is indivisible and necessarily affects others.

• Review for miscarriage of justice
• Standing in review proceedings
• Joinder of parties
• Effect of review on non-applicants
• Criminal-procedure
• Post-conviction-review

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BIZIMANA v UWASE

Court

Supreme Court

Case number

RS/INJUST/RC 00015/2017/SC

The Supreme Court dismissed a review application after both parties failed to appear despite lawful summons, finding no continuing interest in pursuing the case.

• Divorce
• Division of matrimonial property
• Child custody
• Review for miscarriage of justice
• Case dismissal for non-appearance
• Civil-procedure

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MUKARUGWIZA v NZAMUGURA N’ABANDI

Court

Supreme Court

Case number

RS/INJUST/RC 00019/2018/SC

The Supreme Court held that withdrawing a related claim barred the applicant from seeking review for miscarriage of justice over the same matter.

• Withdrawal of claim
• Res judicata
• Review for miscarriage of justice
• Inheritance
• Admissibility of claims
• Civil-procedure

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Re. GABIRO

Court

Supreme Court

Case number

RS/RECUS/RP 00002/2019/SC

Recommendations or administrative decisions made by a judge in a prior capacity, before a case is formally filed, do not amount to grounds for recusal under the applicable law. The recusal application by Gabiro David was unfounded and rejected.

Source excerpt

• Recusal of judge
• Review for miscarriage of justice

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GATWA v NDAGIJIMANA N’ABANDI

Court

Supreme Court

Case number

RS/INJUST/RC 00003/2018/SC

The Supreme Court dismissed a review claim in a land dispute, finding the witness evidence inconsistent and insufficient to prove the land belonged to Gatwa Paul Eugène.

• Ownership of land
• Burden and assessment of evidence
• Testimonial evidence
• Review for miscarriage of justice
• Land-ownership
• Evidence-law

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NIYIGENA v. NYIRISHEMA

Court

Supreme Court

Case number

RS/INJUST/RC 00010/2017/SC

The Supreme Court held that a sale agreement alone does not prove ownership of immovable property and restored the disputed house to Niyigena Marlène.

• Immovable property ownership
• Proof of title
• Contract of sale
• Review for miscarriage of justice
• Immovable-property-ownership
• Proof-of-title

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