Constitutional Law

Assemblies of God v Attorney General (CP 07/2019) [2020] SCCC 976 (22 December 2020);

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Constitutional Law: A declaration that the decision of the 1st and 2nd respondents, that the petitioners said project stands cancelled, contravenes Article 26 (1) of the Constitution with respect to the Petitioner etc: claim of infringement of right to freedom of conscience and religion, and right to property: whether or not the refusal to approve building plans constitutes an infringement of these rights: three preliminary objection raised by Attorney General: first two objections upheld, namely, that the petition was filed out of time without any application requesting leave to file the petition out of time; the court is not empowered to grant leave where none has been sought: the second, namely that the petioners has an alternative remedy in judicial review upheld. The petition is dissmissed.

Assemblies of God v Attorney General (CP 06/2019) [2020] SCCC 975 (22 December 2020);

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Constitutional Law: claim of infringement of right to freedom of conscience and religion, and right to property: whether or not the refusal to approve building plans constitutes an infringement of these rights: four preliminary objection raised by Attorney General: first and second objections dismissed; the petition not a nullity but an irregularity which has been remedied; the petition not filed out of time because potential breach of rights of a continuous nature: third objection upheld; Petitioner has not availed alternative remedy; Petitioner has right to compel Respondents by way of writ mandamus to finalise appeal; Case transferred to the Supreme Court to exercise its supervisory jurisdiction under article 125 (1) ( c) of the Constitution

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