constitutes a violation of her rights to personal liberty, work as a journalist, and
freedom of expression.
In Randolph V Togo Communication No. 910/2000 (2004)
11 IHRR 306 the UN
Human rights committee held that where a person has been forced into exile by a
violation of his/her human right, the continuation of the exile itself constitutes a
continued breach of the same rights.
The above findings are quite persuasive and in the light of earlier decisions of this
court as referred to above we are of the view that the cause
action subsists so long
as the 3" plaintiff remains in forced exile. Therefore the Defendant’s contention that
the 3" Applicant’s action is statute barred cannot therefore be sustained as the acts
complained of is a continuous in nature.
The next issue for consideration is whether the facts of this application discloses a
cause of action against the Defendant.
The defendant in its notice of preliminary objection contends that the 2nd and 4th
plaintiffs' claim is premature and cannot be maintained as it does not disclose any
cause of action.
Black's Law Dictionary Ninth Edition defines cause of action as:
'A group of operative facts giving rise to one or more bases for suing; a factual
situation that entitles one person to obtain a remedy in court from another person.
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