A. Pecuniary reparations
142. The Applicant claims pecuniary reparations for both the material and moral
prejudice which she alleges is a result of the violations suffered due to the
Respondent State’s conduct.
i.
Material prejudice
143. The Applicant alleges that upon her arrest, the police seized her car and
motorcycle, which at the time of filing this Application, had not been returned
to her family. The Applicant, therefore, prays the Court to order the return of
the items in the same condition as before seizure. In terms of the quantum
of damages, the Applicant submits that “a new Land Rover Discovery retails
from hundred and six thousand, three hundred (USD 106,300) United
States Dollars and a used Land Rover Discovery of a similar model and age
(but taking into account depreciation and wear and tear for the period the
Respondent was incarcerated) retails from approximately Forty Thousand
Five Hundred (40,500) USD.”
144. The Applicant prays the Court to grant her a reasonable award for the
material prejudice suffered, taking into account the principle of equity and
the ten (10) years in prison.
145. The Applicant also requests the reimbursement of Mrs. Barbara Doerner,
her sister-in-law, for expenses incurred during her appeal procedure. In
addition, the applicant prays for Five Thousand (USD 5,000) United States
Dollars to cater for counsel’s preparation and lodging her grounds of appeal
and Eight Thousand (USD 8,000) United States Dollars to cater for
counsel’s representation in arguing the appeal. In total, the Applicant
requests the payment of Thirteen Thousand (USD 13,000) United States
Dollars in legal fees.
146. In her Reply, the Applicant submitted that she is not in a position to produce
the log book for her motor vehicle registration number T382 ADJ Land
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