Rwanda Case Law

MAZIMPAKA v MUKANEZA

Court

High Court

Case number

RCA 00049/2022/HC/NYZ

The court found that Mazimpaka was criminally liable for assaulting Mukaneza, resulting in permanent injury. The damages awarded at first instance were based on judicial discretion and supported by the conviction. The appellate court found no error in the lower court's assessment of damages, except to adjust the attorney fees and costs in accordance with applicable regulations. The appeal by Mazimpaka lacked merit; the cross-appeal by Mukaneza was partially upheld regarding costs.

Source excerpt

• Damages for personal injury
• Compensation for pain and suffering
• Causation in tort
• Costs and attorney fees

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SANLAM Assurance Générales Plc v HATUNGIYAREMYE

Court

High Court

Case number

RCA 00050/2022/HC/RSZ (

SANLAM Assurance Générales Plc is liable for damages arising from the accident because there was no proven breach of the insurance contract by the insured. The insurer's right to deny liability is contingent on such a breach, which was not established. The accident resulted from the driver's negligence, and the insurance policy covers such risks. The precedent cited by SANLAM does not apply as the facts differ materially—there was no evidence of overloading, unauthorized driver, or other contractual violations in this case.

Source excerpt

• Motor vehicle accident liability
• Insurance contract interpretation
• Damages for personal injury
• Burden of proof in insurance claims

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SANLAM ASSURANCE GÉNÉRALES Plc v IZABAYO

Court

High Court

Case number

RCA 00043/2022/HC/RSZ

Sanlam Assurance Générales Plc was properly notified of the hearing and judgment date via legal and electronic means; the appeal period commenced from the date of judgment (23/05/2022). Sanlam's appeal, filed on 20/07/2022, was out of time and therefore inadmissible.

Source excerpt

• Appeal period
• Notification of judgment
• Damages for personal injury
• Admissibility of appeal

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SANLAM v NYAMINANI

Court

High Court

Case number

RCA 00050/2022/HC/NYZ

The insurance contract between SANLAM AG Plc and the vehicle owner does not limit compensation for third party passengers injured in an accident. Compulsory third party insurance covers such passengers, and SANLAM AG Plc is solely liable for the full amount of damages awarded to Nyaminani André. The lower court correctly applied the law and relevant insurance principles, and SANLAM's appeal has no merit.

Source excerpt

• Motor vehicle accident
• Compulsory third party insurance
• Contract interpretation
• Damages for personal injury

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SONARWA v BAZUBAHE

Court

High Court

Case number

RCA 00023/2020/HC/RSZ

The High Court held that compulsory motor insurance still covers injured passengers even when the insured vehicle carried more people than allowed.

• Motor vehicle insurance
• Liability for road accidents
• Compulsory insurance
• Damages for personal injury
• Procedural joinder
• Motor-vehicle-insurance

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