to court without being notified to appear and take his plea or given an opportunity
to be heard.
From the facts before us as it relates to fair hearing, it can be rightly said that the
plank in which the Plaintiff hinges the violation of this right is shaky. It is well
settled that one cannot put something on nothing and expect it to stand. It goes
without saying that the burden of proving the violation of this right and
establishing all the ingredients of the said violation lies on the Plaintiff. This has
not been discharged.
In the instant case, the Plaintiff has failed to establish how this right was violated.
No evidence to prove that he was charged to court without being heard or that he
sued the Defendants before the National Court and was still not heard.
What needs to be canvassed is the regularity or legality of the alleged seizure of the
Plaintiffs property and to ascertain whether it was proportionate and regarded as
necessary for achieving the aim.
The principle of legality is a fundamental aspect of all international human rights
instruments and indeed the rule of law in general. It is a basic guarantee against the
state’s arbitrary exercise of its powers. For this reason, any restriction on human
rights must be “provided” or “prescribed” by law.
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