Rwanda Case Law

SANLAM AG Plc v BIZIMANA

Court

Supreme Court

Case number

RS/INJUST/RC 00005/2024/SC

SANLAM AG Plc is liable for damages because it failed to prove that the insured (driver) committed an intentional fault with the intent to cause harm. The mere fact of knowingly committing a prohibited act does not constitute intentional fault unless intent to cause harm is established. The injured party’s fault does not bar compensation unless it is the sole cause of the accident or was committed with intent to cause self-harm. Comparative fault may reduce but not exclude damages unless the injured party’s fault is total or intentional. The previous precedent (Kirehe District v SAHAM Assuran…

Source excerpt

• Motor vehicle accident liability
• Damages
• Insurance coverage for intentional fault
• Comparative and contributory negligence
• Strict liability

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HITIYAREMYE N’ABANDI v. RADIANT INSURANCE COMPANY Ltd

Court

High Court

Case number

RCA00393/2023/HC/KIG

The High Court dismissed an appeal seeking insurer liability for a fatal motorcycle-cyclist accident, holding the claimants failed to prove the insured driver caused the crash.

• Motor vehicle accident liability
• Mandatory insurance
• Burden of proof
• Compensation for death
• Appeal procedure
• Insurance-law

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SANLAM AG PLc v NDISHUTSE N’ABANDI

Court

Supreme Court

Case number

RS/INJUST/RC 00006/2023/SC

The Supreme Court held that a local administrative certificate alone was insufficient to prove dependency for economic-loss damages and ordered repayment.

• Compensation for economic loss
• Burden of proof for dependency
• Motor vehicle accident liability
• Evidence requirements for damages
• Dependency-proof
• Economic-loss-damages

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SANLAM AG Plc v NZAMWITAKUZE

Court

Supreme Court

Case number

RS/INJUST/RC 00003/2023/SC

The Supreme Court held SANLAM AG Plc was not liable for an accident caused by a cyclist, reversed prior judgments, and ordered repayment of compensation.

• Motor vehicle accident liability
• Mandatory vehicle insurance
• Causation in tort
• Subrogation
• Damages
• Revision of judgments

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HABAMENSHI v COOPERATIVE DE TRANSPORT AU MOYEN DE MOTO DE KARONGI

Court

High Court

Case number

RCA 00019/2023/HC/RSZ

The High Court held that the dispute was commercial, not insurance-related, and that the Intermediate Court of Karongi lacked jurisdiction because the claim was below the primary court threshold.

• Jurisdiction
• Subrogation
• Motor vehicle accident liability
• Cooperative member liability
• Commercial-law
• Insurance-law

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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 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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KAMANZI v SONARWA NABANDI

Court

High Court

Case number

RCA 00190/2021/HC/KIG

The High Court held that SONARWA, as insurer of the vehicle at fault, must pay the accident damages and not Kamanzi Wellars personally.

• Motor vehicle accident liability
• Insurance indemnity
• Recourse actions
• Damages assessment
• Motor-vehicle-accident-liability
• Insurance-indemnity

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SANLAM v MUKANKIKO NABANDI

Court

High Court

Case number

RCA 00021/2022/HC/NYZ

The High Court upheld a 50% compensation award after finding both the deceased and the driver contributed to the fatal road accident.

• Motor vehicle accident liability
• Contributory negligence
• Compulsory insurance
• Damages assessment
• Appeal procedure
• Motor-vehicle-accident-liability

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MUSENGAMANA v SGF

Court

Supreme Court

Case number

RS/INJUST/RC 00019/2022/SC

The Supreme Court held that the claimant failed to prove the uninsured vehicle caused the accident, so SGF was not liable to pay compensation.

• Motor vehicle accident liability
• Compensation for injury
• Burden of proof
• Direct action against insurer
• Motor-vehicle-accident-liability
• Insurance-law

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