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Rwanda decisions
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The Supreme Court partly granted SANLAM’s review, revising damages for a motorcycle taxi accident victim and ordering reimbursement of overpaid amounts.
The High Court partly allowed Britam’s appeal, removing the award for loss of earning capacity because Ndahimana had not proved he had employment to lose.
Gatabazi Pierre was entitled to compensation for loss of employment because he proved he was a motorcycle taxi operator at the time of the accident, supported by documentation. The calculation of lost earnings must be based on the average daily income of motorcycle taxi operators (6,444 Frw), not the statutory minimum wage, as established by Supreme Court precedent. Legal costs and attorney fees were justified and awarded.
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The court held that the police accident report was sufficient to establish liability for the accident and that waiting for the outcome of the criminal case was unnecessary. However, damages for medical expenses and travel must be supported by evidence; in the absence of such evidence, the court reduced these awards to amounts determined at its discretion. The court found no double compensation for pain and suffering, distinguishing between different heads of damages.
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The High Court partly allowed Radiant’s appeal, held that liability could be based on the police accident report, and reduced some unproved expenses.
The Supreme Court clarified the Central Bank rate for accident damages and held that loss of earning capacity requires proof of employment at the time of the accident.
A spouse driving a motorcycle registered in the other spouse's name under a community property regime is entitled to compensation as if the motorcycle were his own, based on RRA income standards, because the property is jointly owned. The attorney fees awarded were within the statutory range and not excessive.
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A spouse operating a motorcycle registered in the other spouse's name under a community property regime is entitled to be treated as an owner for purposes of insurance compensation, and legal fees awarded within the statutory range are not excessive.
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The Court of Appeal partly allowed Sanlam’s appeal, upholding economic-loss damages based on proven salary but reducing disfigurement and work-experience damages to SMIG-based calculations.
The Court of Appeal dismissed a review-for-injustice application, holding that the High Court had not manifestly disregarded law or evidence in assessing damages.
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