After what can only be described as being both an eventful but arduous journey through the courts, the applicant is now petitioning this Court for an order declaring that section 5(2) of the State Liabilities Act [Chapter 8:14] is unconstitutional.Section 5(2) of the State Liabilities Act [Chapter 8:14] provides that ...
After what can only be described as being both an eventful but arduous journey through the courts, the applicant is now petitioning this Court for an order declaring that section 5(2) of the State Liabilities Act [Chapter 8:14] is unconstitutional.
Section 5(2) of the State Liabilities Act [Chapter 8:14] provides that State property is immune from attachment and execution, and that, in circumstances where the State finds itself to be a judgment debtor, any amount owed by it should be paid out from the Consolidated Revenue Fund.
The applicant contends that whilst section 5(2) of the State Liabilities Act [Chapter 8:14] remains valid, it is unjustly impeding him from realising an award of damages granted in his favour by this court in matter number HC4766/13.
