Rwanda Case Law

AKIMANIZANYE N’ABANDI vs. NICE EGGS COMPANY Ltd N’UNDI [

Court

Court of Appeal

Case number

RS/INJUST/RSOC 00013/2022/CA

Only the widow and children of the deceased, who properly exhausted appeal procedures, have standing to seek extraordinary review and are entitled to compensation. Compensation for workplace accident is determined by the court's discretion in absence of specific law, based on general principles and comparable case law, with the employer liable for the total amount minus the portion covered by the insurer under the insurance contract.

Source excerpt

• Workplace accident compensation
• Standing to sue for compensation
• Scope of insurance liability
• Extraordinary review (revision)
• Calculation of damages
• Procedural default

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AKIMANIZANYE N’ABANDI v NICE EGGS COMPANY Ltd N’UNDI

Court

Court of Appeal

Case number

RS/INJUST/RSOC 00013/2022/CA

The Court of Appeal held that only the widow and children could pursue review for injustice, and it quantified workplace accident damages using general principles.

• Workplace accident compensation
• Standing to sue
• Quantification of damages
• Procedural bars to review
• Insurance liability
• Workplace-accident-compensation

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AKIMANIZANYE N'ABANDI vs. NICE EGGS COMPANY Ltd N'UNDI

Court

Court of Appeal

Case number

RS/INJUST/RSOC 00013/2022/CA

Only the widow and four children of the deceased have standing to claim compensation; compensation is calculated by judicial discretion using minimum wage and years to retirement, with the employer liable for the total and the insurer liable only up to the contractually agreed amount.

Source excerpt

• Workplace accident compensation
• Standing in civil claims
• Insurance liability
• Reopening judgments for injustice

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NDATSIKIRA v MUA INSURANCE RWANDA Ltd

Court

Court of Appeal

Case number

RS/INJUST/RC 00001/2023/CA

The Court of Appeal held that an RSSB letter was new decisive evidence, reopened the case, and affirmed motor-insurance liability for a mechanical-defect accident.

• Reopening of judgment on new evidence
• Motor vehicle insurance liability
• Workplace accident compensation
• Choice of compensation regime
• Burden of proof for new evidence
• New-evidence

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MANIRARORA v RWANDA RUDNIKI LTD

Court

Court of Appeal

Case number

RS/INJUST/RC 00013/2021/CA

Rwanda Rudniki Ltd, as owner and operator of the mine, is strictly liable for damages caused to Manirarora Jean de Dieu by the mining accident, regardless of fault, under Article 260 of the Civil Code. The absence of specific legislation on mining accident compensation means damages are to be determined by general legal principles, not by the Presidential Decree for road accidents or unpublished technical standards. The insurer, SANLAM AG Plc, is only liable up to the contractual limit. The applicant's choice to sue the employer directly is valid.

Source excerpt

• Employer liability
• Workplace accident compensation
• Direct vs. personal action against insurer/employer
• Quantification of damages
• Application of general vs. special law

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