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Rwanda Case Law

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Insurance law RS/INJUST/RC 00007/2024/SC

SONARWA GENERAL INSURANCE COMPANY LTD v. GASANA N’ABANDI

The Supreme Court held that the respondents failed to provide sufficient and credible evidence of actual dependency on the deceased as required by law. The notarized document and local authority confirmation were insufficient, especially since the parent was of working age and no evidence of incapacity was provided. Consequently, pecuniary damages previously awarded were set aside. The Court also found that certain funeral and related expenses were not necessary or reasonable under the law and reduced the award accordingly.

  • Compensation for fatal road accidents
  • Pecuniary damages
  • Evidence requirements for dependency
  • Funeral and medical expenses
  • Review for miscarriage of justice
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Insurance law RS/INJUST/RC 00023/2024/SC

NZAJYIBWAMI N’ABANDI v. SANLAM AG PLC

The Supreme Court restored non-pecuniary damages but rejected pecuniary damages, finding the applicants had not proved financial dependency on the deceased.

  • Motor vehicle accident compensation
  • Pecuniary damages
  • Non-pecuniary damages
  • Burden of proof
  • Evidence admissibility
  • Motor-vehicle-accident-compensation
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Insurance law RSOC.A 00111/2023/HC/KIG

NZAGIBWAMI N’ABANDI v SANLAM AG PLC

The High Court dismissed an appeal seeking pecuniary damages for alleged dependency on the deceased, holding that the claim lacked credible proof of actual dependency.

  • Road traffic accident compensation
  • Pecuniary damages
  • Burden of proof
  • Dependants' compensation
  • Costs and attorney fees
  • Road-traffic-accident-compensation
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Insurance law RCA 00379/2022/HC/KIG

NYANDWI N’ABANDI v SANLAM A.G Plc

The High Court partially allowed an appeal in a road-accident compensation case, revising pecuniary damages for the deceased’s parents and confirming other awards.

  • Road traffic accident compensation
  • Pecuniary damages
  • Casual labor compensation
  • Burden of proof for dependency
  • Funeral expenses
  • Costs and attorney fees
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Insurance law RCA 00066/2022/HC/RSZ (NDU

RADIANT v NYIRANDIKUBWIMANA NABANDI

The High Court held that adult family members must prove actual dependency to receive pecuniary damages after a fatal road accident; mere cohabitation was not enough.

  • Motor vehicle accident compensation
  • Pecuniary damages
  • Dependency claims
  • Burden of proof
  • Funeral expenses
  • Cultural damages
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Civil law RCA00006/2023/HC/MUS

SONARWA GI COMPANY LTD v NKURUNZIZA N’ABANDI

The High Court held that pecuniary damages in motor vehicle accident cases must be awarded based on the specific law (Presidential Order No 31/01 of 25/08/2003 and Law No 41/2001), which requires proof of dependency. The respondents failed to provide sufficient evidence of dependency on the deceased; therefore, the pecuniary damages previously awarded were revoked. Awards for legal fees and funeral expenses were found to be lawful and reasonable.

  • Compensation for motor vehicle accidents
  • Pecuniary damages
  • Burden of proof for dependency
  • Statutory interpretation
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Civil law RCA 00067/2021/HC/NYZ

SANLAM AG Ltd v NTAWUGASHIRA N’ABANDI

The High Court partly allowed SANLAM’s appeal, setting aside pecuniary damages for lack of proof of dependency while upholding the remaining compensation.

  • Compensation for road accidents
  • Pecuniary damages
  • Burden of proof in compensation claims
  • Insurance liability
  • Motor-vehicle-accident-compensation
  • Pecuniary-damages
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Insurance law RLR V.4-2017

SORAS AG Ltd v. UMUHOZA N’ABANDI_304107_kn

The Supreme Court held that the deceased’s siblings were not entitled to pecuniary damages, but upheld moral damages calculated using the court-set SMIG of 3,000 Frw per day.

  • Motor vehicle accident compensation
  • Pecuniary damages
  • Moral damages
  • Standing to claim damages
  • Minimum wage calculation
  • Motor-vehicle-accident-compensation
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Contract law RCOMAA 0042/15/CS

NGARAMBE v. COGEAR Ltd

The Supreme Court held that excluded insurance losses were not recoverable, but repair-estimate costs were. It also upheld a net fee set-off between the parties.

  • Insurance contract interpretation
  • Pecuniary damages
  • Burden of proof
  • Exclusion clauses
  • Compensation for damages
  • Procedural and advocate fees
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Family law RLR V.3-2017

KANYANJA ET AL v. MUKANTABANA ET AL_302027_en

The Supreme Court held that Buhiga’s estate could be sold to end indivision, with family priority to buy, and reduced rental-account liabilities after recalculating income and expenses.

  • Testamentary succession
  • Joint ownership termination
  • Burden of proof
  • Pecuniary damages
  • Appeal procedure
  • Testamentary-succession
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Rwanda decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.