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Article 102

Article 102

by Sorna Rahman (221-26-461) -
Number of replies: 0

 (1) The High Court Division on the application of any person aggrieved, may give such directions or orders to any person or authority, including any person performing any function in connection with the affairs of the Republic, as may be appropriate for the enforcement of any of the fundamental rights conferred by Part III of this Constitution.


(2) The High Court Division may, if satisfied that no other equally efficacious remedy is provided by law –


(a) on the application of any person aggrieved, make an order-


(i) directing a person performing any functions in connec-tion with the affairs of the Republic or of a local authority,


to refrain from doing that which he is not permitted by law to do or to do that which he is required by law to do ; or


(ii) declaring that any act done or proceeding taken by a person performing functions in connection with the affairs of the Republic or of a local authority, has been done or taken without lawful authority and is of no legal effect ; or 


(b) on the application of any person, make an order-


(i) directing that a person in custody be brought before it so that it may satisfy itself that he is not being held in custody without lawful authority or in an unlawful manner ; or 


(ii) requiring a person holding or purporting to hold a public office to show under what authority he claims to hold that office.