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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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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SANLAM v UWIHANGANYE

Court

Supreme Court

Case number

RS/INJUST/RC 00009/2022/SC

The Supreme Court confirmed that motorcycle taxi accident damages should be based on net annual income, but upheld the lower award because the respondent had not challenged it in the prior proceedings.

• Motor vehicle accident compensation
• Economic damages
• Burden of proof
• Revision for miscarriage of justice
• Motor-vehicle-accident-compensation
• Economic-damages

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KWIZERA v RADIANT INSURANCE COMPANY LTD

Court

Supreme Court

Case number

RS/INJUST/RC 00014/2022/SC

Economic damages for self-employed accident victims must be calculated based on the net annual income typical for the profession, deducting applicable taxes, rather than the minimum wage, when the profession is known and evidence of income is provided, even if not in the form of authentic deeds. For motorcyclists, the net annual income is determined by deducting the lump sum tax and trading license tax from the standard annual income recognized by tax authorities.

Source excerpt

• Accident compensation
• Economic damages
• Damages for self-employed
• Calculation of damages
• Permanent disability
• Motor vehicle insurance

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RADIANT v RWAKANA

Court

High Court

Case number

RCA 00173/2022/HC/KIG

The High Court partly allowed Radiant’s appeal, removing economic and career-loss damages because the claimant kept working and receiving salary after the accident.

• Motor vehicle accident compensation
• Economic damages
• Bodily injury
• Appeal procedure
• Motor-vehicle-accident-compensation
• Economic-damages

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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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