Remedies available to a party whose rights and freedoms have been infringed

Explain five remedies which the High Court might award a party whose fundamental rights and freedoms have been infringed upon

Remedies available to a party whose rights and freedoms have been infringed:-

  • Habeas Corpus an order to produce a person who is unlawfully detained.
  • Certiorari an order to quash the decision of a lower court or quasi-judicial body for acting in excess of jurisdiction.
  • Mandamus an order to command or direct a public officer to carry out a public duty.
  • Prohibition an order of the High Court preventing an inferior court from hearing a case.
  • Damages This is a common law remedy designed to compensate the innocent party by an award of unliquidated damages. .
  • Injunction This is a court order telling a person either to do a thing or refrain’ from doing a particular act. declaration



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