Rwanda Case Law

SANLAM AG Plc v. TUYISHIME N’UNDI

Court

Court of Appeal

Case number

RS/INJUST/RC 00013/2023/CA

The Court of Appeal held that the respondents provided sufficient evidence of actual dependency on the deceased, including attestations from local authorities and the cooperative where the deceased worked, corroborated by community testimony. The court found that SANLAM AG Plc failed to rebut this evidence or show that the respondents had independent means of support. The court further held that the prior courts did not err in awarding compensation, as the legal and evidentiary standards were met. The appeal was dismissed as baseless, and SANLAM AG Plc was ordered to pay costs and attorney fe…

Source excerpt

• Compensation for fatal accidents
• Dependency claims
• Burden of proof for dependency
• Procedural fairness in appeals

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SANLAM AG Plc v. TUYISHIME N’UNDI

Court

Court of Appeal

Case number

RS/INJUST/RC 00013/2023/CA

The Court of Appeal held that the respondents provided sufficient evidence of dependency through documents from local authorities and the deceased's cooperative, corroborated by community testimony. The court found that the High Court did not err in awarding compensation, as the evidence met the legal threshold for proving dependency. The appellant failed to show that the respondents had independent means of support or that the High Court misapplied the law. Therefore, the appeal was dismissed and costs awarded to the respondents.

Source excerpt

• Compensation for fatal accidents
• Dependency claims
• Burden of proof for dependency
• Appeal on grounds of miscarriage of justice

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SANLAM AG PLc v NDISHUTSE N’ABANDI

Court

Supreme Court

Case number

RS/INJUST/RC 00006/2023/SC

The Supreme Court held that a local administrative certificate alone was insufficient to prove dependency for economic-loss damages and ordered repayment.

• Compensation for economic loss
• Burden of proof for dependency
• Motor vehicle accident liability
• Evidence requirements for damages
• Dependency-proof
• Economic-loss-damages

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NYIRAHABIMANA v SANLAM A.G Plc

Court

High Court

Case number

RCA 00441/2022/HC/KIG

The appellant failed to provide legally sufficient evidence of dependency on the deceased, as required by law and Supreme Court precedent. Local authority certification alone is inadequate; no proof of disability, illness, or other special circumstance was provided. Therefore, the economic damages previously awarded to the appellant must be revoked.

Source excerpt

• Compensation for fatal road accidents
• Economic damages
• Burden of proof for dependency
• Interpretation of statutory compensation formulas

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NYANDWI N’ABANDI v SANLAM A.G Plc

Court

High Court

Case number

RCA 00379/2022/HC/KIG

The High Court partially allowed an appeal in a road-accident compensation case, revising pecuniary damages for the deceased’s parents and confirming other awards.

• Road traffic accident compensation
• Pecuniary damages
• Casual labor compensation
• Burden of proof for dependency
• Funeral expenses
• Costs and attorney fees

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SANLAM v KARANGWAYIRE NABANDI

Court

High Court

Case number

RCA 00195/2022/HC/KIG

The High Court upheld an award of dependency and funeral damages after finding that Karangwayire Caritas proved she was supported by the deceased.

• Compensation for fatal accident
• Burden of proof for dependency
• Quantification of damages
• Funeral expenses
• Dependency-damages
• Funeral-expenses

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PRIME INSURANCE v MUSHIMIYIMANA

Court

High Court

Case number

RCA 00039/2022/HC/KIG

The High Court set aside economic damages for lack of proof of dependency, reduced funeral expenses from 700,000 to 200,000 Frw, and dismissed minors' claims.

• Compensation for fatal accidents
• Funeral expenses
• Standing to claim damages
• Burden of proof for dependency
• Fatal-accident-compensation
• Funeral-expenses

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SONARWA GI COMPANY LTD v NKURUNZIZA N’ABANDI

Court

High Court

Case number

RCA00006/2023/HC/MUS

The High Court held that pecuniary damages in motor vehicle accident cases must be awarded based on the specific law (Presidential Order No 31/01 of 25/08/2003 and Law No 41/2001), which requires proof of dependency. The respondents failed to provide sufficient evidence of dependency on the deceased; therefore, the pecuniary damages previously awarded were revoked. Awards for legal fees and funeral expenses were found to be lawful and reasonable.

Source excerpt

• Compensation for motor vehicle accidents
• Pecuniary damages
• Burden of proof for dependency
• Statutory interpretation

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RADIANT INSURANCE COMPANY LTD vs NDAGIJIMANA N’ABANDI

Court

High Court

Case number

RCA00071/2022/HC/RWG

Siblings who share only one parent with the deceased are entitled to compensation for distress; economic loss compensation to parents is not awarded absent proof of dependency; funeral and related expenses must be supported by evidence and are awarded within statutory limits.

Source excerpt

• Motor vehicle accident compensation
• Survivors' compensation
• Funeral expenses
• Legal standing of siblings
• Burden of proof for dependency
• Discrimination among beneficiaries

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NIYONZIMA N’ABANDI v SANLAM ASSURANCE GÉNÉRALES Plc (Sanlam AG Plc)

Court

Supreme Court

Case number

RS/INJUST/RC 00018/2022/SC

Adult children and parent are not entitled to compensation for loss of maintenance unless they provide evidence of dependency; new claims cannot be introduced at revision stage; costs and legal fees awarded based on partial success and prior agreement.

Source excerpt

• Compensation for fatal road accident
• Obligation to provide maintenance
• Procedural limits on revision
• Burden of proof for dependency

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