victims of the consequences of such decisions. Ultimately, they cannot be identified as victims.” The Court is compelled to come to the inevitable conclusion that since there is no proof of certificate of registration before this Court, MOFA has a fundamental defect of legality and cannot be seen as a victim with the locus standi to bring this action for itself and the said communities. 58. The Court in summarizing its findings in this case, notes that none of the Applicants was able to prove orally or by documentary evidence:  That they have suffered a direct loss, injury or damage to properties arising from the alleged crisis.  Their relationship with any of the victims to show they are close family members for example that the victim is their father, son, daughter or mother.  The identification of the alleged victims whom the Applicants purport to represent for example their names, gender and age.  The exact properties allegedly destroyed for example address of the building, location of the farmlands, the food stuffs and their cost as valued. The Court notes that the relief sought are in some cases personal to the Applicants, whilst in others they are for Applicants and on behalf of the alleged communities. The Applicants having not been able to prove they are victims to qualify for personal reliefs, declarations and orders that are for the personal benefits are hereby dismissed. 59. Even though the Court held that the Applicants have failed to maintain this action in their personal capacity, the law recognizes the right of individuals and corporate bodies who are not victims to bring an action in a representative capacity under the principle of Actio Popularis. The Court under this situation will allow NGO and public spirited individuals to institute actions on behalf of group of victims usually from a community or class of people based on common public interest to claim for the violation of their human rights, because this group may not have the knowledge and the financial capacity to maintain legal action of such magnitude which affects the general public interest. Public interest issues are generally for the welfare and wellbeing of every individual in a society. 25

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