Rwanda Case Law

RADIANT vs CWINYAAI [

Court

Supreme Court

Case number

RS/INJUST/RC 00024/2024/SC

The Supreme Court held that compensation for permanent disability below 30% must be calculated using the statutory minimum wage (SMIG) as per Presidential Order No. 31/01, Article 17. For loss of earning capacity, the Court found that Cwinyaai provided sufficient evidence of employment through a salary certificate, and that damages should be calculated based on his net salary. The lower court's awards were adjusted accordingly.

Source excerpt

• Personal injury compensation
• Permanent disability
• Loss of earning capacity
• Calculation of damages
• Burden of proof for employment
• Application of minimum wage (smig)

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MIREMBE v RADIANT UNSURANCE COMPANY Ltd

Court

Supreme Court

Case number

RS/INJUST/RC00015/2024/SC

A permanently disabled accident victim is entitled to economic and career impairment damages under Rwandan law, even if they continue working and earning a salary, provided the disability is permanent and exceeds the statutory threshold. The lower court erred in denying such damages based solely on continued employment.

Source excerpt

• Motor vehicle accident compensation
• Permanent disability damages
• Loss of earning capacity
• Career impairment damages
• Procedural law (revision for injustice)

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MUKARUHUNGA v. RADIANT INSURANCE COMPANY Ltd

Court

Supreme Court

Case number

RS/INJUST/RC00019/2024/SC

Applicant is entitled to economic loss and professional impairment damages based on permanent disability (60%), regardless of continued employment, as statutory and case law require compensation proportional to impairment and its impact on earning capacity and professional advancement.

Source excerpt

• Motor vehicle accident compensation
• Permanent disability
• Loss of earning capacity
• Professional impairment
• Damages calculation

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BRITAM v NDAHIMANA

Court

High Court

Case number

RCA 00066/2022/HC/NYZ

The High Court held that compensation for loss of earning capacity (indishyi z'ibangamira ry'uburambe mu kazi) is only available to those who prove they had a job at the time of the accident. Since Ndahimana did not provide sufficient evidence of employment, the award for loss of earning capacity was overturned. Other damages were upheld as they were supported by evidence and legal principles regarding the burden of proof and judicial discretion.

Source excerpt

• Compensation for personal injury
• Loss of earning capacity
• Burden of proof
• Appeals
• Motor vehicle accident liability

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SANLAM v RWAMIRERA

Court

High Court

Case number

RCA00086/2022/HC/MUS

The appellate court held that the 10% disability report could not be considered because it was not presented at first instance, and that compensation for loss of earning capacity was not justified without proof of employment. The damages for loss of earning capacity were therefore removed, and the remaining damages upheld. No costs or attorney fees were awarded in appeal as both parties partially succeeded.

Source excerpt

• Motor vehicle accident compensation
• Bodily injury damages
• Loss of earning capacity
• Admissibility of evidence on appeal
• Costs and attorney fees

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IMIRONGO SC -Ugushyingo 2022 - Mutarama 2023

Court

Supreme Court

The Supreme Court clarified the Central Bank rate for accident damages and held that loss of earning capacity requires proof of employment at the time of the accident.

• Motor vehicle accident compensation
• Assessment of damages
• Loss of earning capacity
• Motor-vehicle-accident-compensation
• Assessment-of-damages
• Loss-of-earning-capacity

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MUA RWANDA LTD V MBYAYINGABO

Court

High Court

Case number

RCA 00056/2021/HC/RSZ

The High Court held that a salaried victim of a road accident may receive compensation for loss of earning capacity even if salary continued, and corrected the computation to use actual pay.

• Compensation for bodily injury
• Calculation of damages
• Motor vehicle accident
• Permanent disability
• Loss of earning capacity
• Motor-vehicle-accident

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SORAS AG LTD /SANLAM INSURANCE COMPANY LTD v NYIRANEZA

Court

High Court

Case number

RCA 00001/2021/HC/RWG

The High Court partly allowed the appeal, striking loss-of-earning-capacity damages but upholding payment of 5,712,000 RWF for Nyiraneza’s medical treatment.

• Motor vehicle accident
• Personal injury compensation
• Medical expenses
• Loss of earning capacity
• Motor-vehicle-accident
• Personal-injury-compensation

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NYIRAMINANI v SINLAM

Court

Intermediate Court

Case number

RC 00182/2019/TGI/NGOMA

The court awarded compensation after a vehicle accident, confirming a SMIG of 3,000 Frw, 30 working days per month, and damages for disability-related losses.

• Motor vehicle accident compensation
• Calculation of damages
• Permanent disability
• Loss of earning capacity
• Pain and suffering
• Disfigurement

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SANALAM AG LTD v NSANZUMUHIRE

Court

High Court

Case number

RCA 00380/2019/HC/KIG

The High Court partly allowed an insurer’s appeal, upholding most damages but setting aside a 540,000 RWF award for loss of earning capacity for lack of proof of monthly income.

• Motor vehicle accident compensation
• Bodily injury damages
• Loss of earning capacity
• Burden of proof for damages
• Motor-vehicle-accident-compensation
• Bodily-injury-damages

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