their legal submission in urging the Court to grant the reliefs
sought in this application.
In opposing the grant of relief sought by the Applicant, the
Respondents’ Counsel filed a 17 paragraphs counter affidavit
an accompanying written address which the Respondents’
Counsel adopted as their oral legal submission in opposing
this application vide a Motion No. SS/M.20/2022 wherein
time was extended for the Respondent to file their counter
affidavit on the 7/2/2022. In arguing the application, the
Applicant’s Counsel formulated three (3) issues for
determination as follows:1. Whether by the circumstance of this case, the Applicant’s
fundamental rights have been breached.
2. Whether this Honourable Court has the requisite jurisdiction
to grant the application.
3. Whether the Applicant is entitled to compensation.”
The Respondent’s Counsel on the other hand, did not
formulate any issue for determination in the adopted written
address.
Upon consideration of the processes filed by the parties and
the issues formulated by the Applicant, this court for the
purpose of this Judgment, has formulated one (1) issue for
determination that is wholistic enough to take care of all the
issues formulated in this application and is hereby produced
below as follows:“Whether in view of the facts and circumstances
of the case of the Applicant including the
available evidence as presented by parties, the
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