Fundamental rights

Lanbuk on the Law of Torts · 1765

Principle established: Every unauthorised entry on another's land is a trespass, even by state officials, unless the law clearly allows it.

Kenya · 2024

Principle established: A petition alleging constitutional violations must specifically identify the violated provisions and the limb of the Supreme Court's jurisdiction being invoked to avoid being struck out.

Uganda · 2019

Principle established: An applicant may be granted bail pending appeal if they demonstrate substantial sureties, a fixed place of abode, and have previously honored bail conditions during trial.

Sierra Leone — Supreme Court · 1967

Principle established: A plaintiff cannot invoke constitutional redress for fundamental rights violations without alleging facts establishing a direct, special injury distinct from grievances shared in common with the general public.

Sierra Leone — African Law Reports · 1967-68

Principle established: A litigant invoking constitutional fundamental rights enforcement must show direct personal injury or immediate threat thereof, rather than an indefinite likelihood of injury shared generally with the public.

Zimbabwe · 2023

Principle established: In matters concerning children, the best interests of the child are paramount, and the court may consider applications for access by non-parents to maintain family ties.

Kenya · 2026

Principle established: The state is liable for damages where it is proven that an individual's fundamental rights and freedoms were violated during arrest and subsequent police detention.

Malawi · 2023

Principle established: Mandatory death sentences for murder are unconstitutional, and convicts sentenced under such provisions are entitled to a resentencing hearing where the court exercises its discretion.

Malawi · 2023

Principle established: Convicts previously sentenced to the mandatory death penalty for murder must be resentenced by a court that has the discretion to consider mitigating and aggravating factors.

Malawi · 2023

Principle established: The unconstitutionality of mandatory death sentences necessitates a judicial review of the sentence to ensure it is proportionate and based on the specific circumstances of the case.

Ghana · 2024

Principle established: The Supreme Court has original jurisdiction to determine the constitutionality of a Bill passed by Parliament if it is alleged to violate fundamental human rights and freedoms.

Sierra Leone — Supreme Court · 1967

Principle established: An applicant seeking constitutional redress for alleged violations of fundamental rights must allege facts demonstrating direct or immediately threatened special injury beyond that suffered generally by the public.

Sierra Leone — Supreme Court · 1967

Principle established: An applicant seeking constitutional redress for alleged violations of fundamental rights must show actual or immediately threatened special injury rather than injury common to the general public.

Sierra Leone — African Law Reports · 1967-68

Principle established: An applicant seeking constitutional redress for alleged violations of fundamental rights must demonstrate direct, actual, or imminent personal injury distinct from injury common to the general public.

Kenya · 2025

Principle established: Mandatory minimum sentences for sexual offences may be challenged on constitutional grounds if they prevent the court from considering an applicant's mitigation and individual circumstances.