Rwanda Case Law

MUKAKIMENYI v SANLAM AG PLC

Court

Supreme Court

Case number

RS/INJUST/RC 00012/2022/SC

The applicant is entitled to be treated for injuries resulting from the accident or, if not treated within one month, to receive the sum indicated in the proforma invoice for the operation. The applicant is also entitled to compensation for disfigurement, as subsequent medical evidence established the degree of disfigurement. The review for injustice is justified as the lower court failed to properly apply the law regarding the applicant's right to treatment and compensation for disfigurement.

Source excerpt

• Motor vehicle accident compensation
• Medical expenses reimbursement
• Bodily injury damages
• Disfigurement compensation
• Review for injustice

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BRITAM INSURANCE COMPANY LTD v TWUBAHIMANA

Court

High Court

Case number

RCA00078/2022/HC/RWG

The High Court held damages for a motor-vehicle injury should be based on the court-appointed doctor’s report, not the claimant’s doctor’s 90% assessment.

• Motor vehicle accident compensation
• Bodily injury damages
• Medical evidence
• Appeal procedure
• Motor-vehicle-accident-compensation
• Bodily-injury-damages

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SANLAM v RWAMIRERA

Court

High Court

Case number

RCA00086/2022/HC/MUS

The appellate court held that the 10% disability report could not be considered because it was not presented at first instance, and that compensation for loss of earning capacity was not justified without proof of employment. The damages for loss of earning capacity were therefore removed, and the remaining damages upheld. No costs or attorney fees were awarded in appeal as both parties partially succeeded.

Source excerpt

• Motor vehicle accident compensation
• Bodily injury damages
• Loss of earning capacity
• Admissibility of evidence on appeal
• Costs and attorney fees

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SANLAM v RWAMIRERA

Court

High Court

Case number

RCA00086/2022/HC/MUS

The High Court partially allowed SANLAM’s appeal, struck out loss-of-earnings damages, upheld the other damages, and dismissed the cross-appeal.

• Motor vehicle accident compensation
• Bodily injury damages
• Loss of earnings
• Admissibility of evidence on appeal
• Costs and attorney fees
• Motor-vehicle-accident-compensation

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NIYOGISUBIZO V BK INSURANCE PLC

Court

High Court

Case number

RCA 00061/2022/HC/MUS

Medical expenses evidenced by invoices must be compensated. Legal fees at first instance are awarded where representation is proven, but not on appeal when both parties partially succeed. Compensation for loss of a school year is not available to primary school students under the law. Clerical errors in judgments must be corrected when identified and substantiated.

Source excerpt

• Motor vehicle accident compensation
• Bodily injury damages
• Compensation for loss of opportunity
• Legal costs
• Procedural correction of judgments

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NKUSI V SANLAM AG Plc

Court

High Court

Case number

RCA 00072/2021/HC/RWG

A claimant over 16 years old who suffers permanent disability exceeding 30% from a motor vehicle accident is entitled to compensation for economic loss and loss of earning capacity, even without proof of employment or salary, as per Article 18 of Presidential Order No. 31/01 of 25/08/2003; damages may be based on the minimum wage. The respondent's appeal lacked merit as the law does not require proof of employment for such damages.

Source excerpt

• Motor vehicle accident compensation
• Bodily injury damages
• Economic loss
• Permanent disability
• Proof of loss of earnings

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Sanlam v Nkusi

Court

High Court

Case number

RCA 00072/2021/HC/RWG

A claimant over 16 years old with a permanent disability exceeding 30% from a motor vehicle accident is entitled to economic and permanent loss damages, calculated on the basis of the statutory minimum wage, without needing to prove actual employment or salary.

Source excerpt

• Motor vehicle accident compensation
• Bodily injury damages
• Economic loss
• Permanent disability
• Procedural costs

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SANLAM INSURANCE COMPANY LTD v. ISHIMWE

Court

High Court

Case number

RCA00080/2021/HC/MUS

The High Court dismissed Sanlam’s appeal, upheld Ishimwe’s cross-appeal in part, and recalculated damages after finding the medical report and salary proof were sufficient.

• Motor vehicle accident compensation
• Bodily injury damages
• Proof of loss
• Medical evidence
• Calculation of damages
• Appeal procedure

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SANALAM AG LTD v NSANZUMUHIRE

Court

High Court

Case number

RCA 00380/2019/HC/KIG

The High Court partly allowed an insurer’s appeal, upholding most damages but setting aside a 540,000 RWF award for loss of earning capacity for lack of proof of monthly income.

• Motor vehicle accident compensation
• Bodily injury damages
• Loss of earning capacity
• Burden of proof for damages
• Motor-vehicle-accident-compensation
• Bodily-injury-damages

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