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

Court

Supreme Court

Case number

RS/INJUST/RC 00018/2022/SC

The Supreme Court held that adult children must prove actual dependency to claim loss-of-dependency damages, and a new claim cannot be added at review for injustice.

• Compensation for fatal accidents
• Obligation alimentaire (maintenance)
• Standing for damages
• Review for injustice
• Procedural limits on new claims
• Loss-of-dependency-damages

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