Rwanda Case Law

MUKAKALISA N’ABANDI v SONARWA N’UNDI (Fond)

Court

Supreme Court

Case number

RS/INJUST/RC 00009/2024/SC

The Supreme Court held that the claim was not time-barred because the insurer failed to notify claimants of the settlement proposal and negotiations were not properly terminated. There was no valid settlement as the person who signed lacked full authority. Economic damages were denied due to lack of proof of dependency or special circumstances. Moral damages were awarded as per law, deducting amounts already paid. Funeral expenses were awarded in a reasonable amount. Litigation costs and attorney fees were partially granted to claimants as prevailing parties.

Source excerpt

• Compensation for road accident
• Prescription of claims
• Economic damages
• Moral damages
• Funeral expenses
• Authority to settle

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SANLAM ASSURANCE GÉNÉRALES Plc v IMPANOYIMANA N’ABANDI

Court

Supreme Court

Case number

RS/INJUST/RC 00022/2022/SC

The Supreme Court dismissed SANLAM’s review application, holding it could not raise a salary issue for the first time at the review stage on grounds of injustice.

• Review on grounds of injustice
• Compensation for road accident
• Insurance liability
• Admissibility of new issues on review
• Review-on-grounds-of-injustice
• New-issues-on-review

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MUKANDAYAMBAJE N’ABANDI VS SANLAM AG PLC

Court

Court of Appeal

Case number

RS/INJUST/RC 00021/2022/CA

Applicants failed to provide the required documentary evidence of the deceased's professional farming income; therefore, the High Court correctly calculated economic damages based on the minimum wage for unskilled labor. The applicants' claim for higher damages and litigation costs lacks merit. Each applicant is ordered to pay a share of the respondent's litigation costs and attorney fees.

Source excerpt

• Compensation for road accident
• Proof of income for self-employed
• Burden of proof
• Funeral expenses
• Costs and attorney fees

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MUKAGATARE N’ABANDI v SANLAM AG Plc

Court

Supreme Court

Case number

RS/INJUST/RC 00021/2022/SC

The applicant failed to provide sufficient evidence of actual and regular dependency on the deceased as required by Article 22 of Presidential Order Nº 31/01 of 25/08/2003 and Supreme Court precedent. The certificate from the Sector Executive Secretary was not corroborated by other evidence, and the applicant, being 61 years old and not proven incapacitated, was presumed able to support herself. Therefore, she is not entitled to economic damages.

Source excerpt

• Compensation for road accident
• Economic damages
• Burden of proof
• Review for injustice
• Insurance liability

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UWANYIRIGIRA N’ABANDI V SPECIAL GUARANTEE FUND

Court

Court of Appeal

Case number

RC 00002/2023/CA

The investigation report relied upon by SGF was produced after the original judgment and thus does not qualify as new evidence under the law. Furthermore, its contents do not introduce any decisive new facts that would have changed the outcome of the original case. Therefore, the application for review is inadmissible. The applicants are entitled to a reasonable award of legal fees and litigation costs, but not in the amounts claimed.

Source excerpt

• Review of judgment
• New evidence
• Compensation for road accident
• Legal fees

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RADIANT INSURANCE COMPANY Ltd v NYAGAHAKWA N’ABANDI

Court

High Court

Case number

RCA 00020/2022/HC/NYZ

The High Court dismissed Radiant Insurance Company Ltd’s appeal, upheld pecuniary damages for the deceased’s parents, and held that settlement talks did not bar suit.

• Compensation for road accident
• Standing of legal representatives
• Scope of legal representation
• Pecuniary damages for parents
• Effect of settlement negotiations
• Burden of proof in civil claims

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