Applicants from carrying out a lawful assembly except in accordance with
the law.
98.Regarding the fourth relief, the Applicants seek compensation of five
hundred thousand US Dollars ($500,000.00) as general and/or exemplary
damages for the violation of their rights to association and assembly.
99.Monetary compensation is a means of providing some redress when there
is no way to undo the damages caused by the violation through other
measures, such as restitution or rehabilitation. Damages are classified into
pecuniary or non-pecuniary (moral damages).
100.
With regards to pecuniary damages, they are awarded as redress for
tangible harm, injury or loss which are capable of monetary calculations.
Where pecuniary damages are claimed, a victim or applicant must provide
documentary evidence of losses incurred by him/her including receipts,
proof of ownership of property, proof of employment and payment of
salaries, etc.
101.
Non-pecuniary damages or moral damages as it is sometimes called
seek to compensate victims for suffering, including the psychological harm,
anguish, grief, sadness, distress, fear, frustration, anxiety, inconvenience,
humiliation, and reputational harm caused by the violation. BENEFICIARIES
OF LATE NORBET ZONGO & 4 ORS V. BURKINA FASO (REPARATIONS) 2015 1
AFCLR 258.
102.
The Court notes that the Applicants’ claim is for general damages and
or exemplary damages. Though different in nomenclature, the
contemplation of moral damages includes injury and harm that are
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