Case law
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Division and case type: CivilMiscellaneous Application
…Rights in Canada and other states Fundamental Rights, Fundamental Human Rights in other states.…
…I feel statutes cannot bar adjudication on Fundamental Rights. Prof. M.V.…
Division and case type: Milimani Commercial CourtsCriminal Appeal
…Mr Justice Muli, as he was then, correctly pointed out in Motichand v Republic (Criminal Application No 21 of 1972) that the fundamental rights and freedoms of the individual to his liberty of which the Constitution of the…
Division and case type: Milimani Commercial CourtsCriminal Case
…Insofar as the time factor is concerned the Attorney-General is therefore free to prosecute provided he does not offend the fundamental rights conferred by section77(1) as protected by section84(1) of the Constitution.…
…The people will lose faith in the Constitution if it fails to give effective protection to their fundamental rights.…
Division and case type: CivilCivil Appeal
…Salmon, J.A. in his dissenting judgment in Cozens, expressed the view that only very clear words which did not exist in the English Limitation Act 1963, could take away a person’s fundamental rights, in the following way:…
…rights which are ordinarily accorded by the law and indeed by natural justice.”.…
Division and case type: CivilCivil Case
…The plaintiff’s incarceration for a period of one year in prison after the 26th May 1982 was a breach of his fundamental rights as enshrined in the Constitution and the defendants are liable to him and cannot hide under the…