Rwanda Case Law

MUKAKALISA ET AL. v SONARWA ET. AL (Fond)

Court

Supreme Court

Case number

RS/INJUST/RC 00009/2024/SC

Claimants failed to prove financial dependence on the deceased and thus are not entitled to financial loss compensation. However, they are entitled to affection loss compensation and funeral expenses as per statutory formulas, and to procedural and counsel fees due to prevailing in the case. The claim was not prescribed due to lack of proper notification and ongoing negotiations.

Source excerpt

• Accident compensation
• Financial loss compensation
• Affection loss compensation
• Funeral expenses
• Prescription of claims
• Burden of proof

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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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SONARWA GENERAL INSURANCE COMPANY Ltd v. UWIZEYIMANA

Court

Supreme Court

Case number

RS/INJUST/RC 00006/2022/SC

The prescription period for filing a civil claim for accident-related damages is suspended for a parentless minor who lacks a legal guardian, and resumes only upon attainment of civil majority. Uwizeyimana’s claim was therefore not time-barred, and the insurer’s application for review was dismissed.

Source excerpt

• Prescription of claims
• Compulsory motor vehicle insurance
• Minor's legal capacity
• Suspension of limitation periods
• Compensation for personal injury

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SONARWA GENERAL INSURANCE COMPANY Ltd v UWIZEYIMANA

Court

Supreme Court

Case number

RS/INJUST/RC 00006/2022/SC

The Supreme Court held that the five-year prescription period for motor-accident compensation did not run against a minor without legal representatives until majority.

• Prescription of claims
• Compulsory motor vehicle insurance
• Minor's legal capacity
• Compensation for personal injury
• Prescription-of-claims
• Motor-vehicle-insurance

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NSHIZIRUNGU v. RWANDA REVENUE AUTHORITY (RRA) engl_126748_en

Court

Supreme Court

Case number

RADA 0027/12/CS

The Supreme Court held that Nshizirungu’s unfair dismissal claim should have been admitted and that a public servant need not first appeal administratively before suing for damages.

• Unfair dismissal
• Administrative appeals
• Jurisdiction
• Prescription of claims
• Unfair-dismissal
• Administrative-appeals

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