TORKORNOO, J. A.
Articles 18 and 33 of the 1992 Constitution provide:
18 (1) Every person has the right to own property either alone or in association with others.
(2) No person shall be subjected to interference with the privacy of his home, property, correspondence or communication except in accordance with law and as may be necessary in a free and democratic society for public safety or the economic well-being of the country, for the protection of health or morals, for the prevention of disorder or crime or for the protection of the rights or freedoms of others.
33 (1) Where a person alleges that a provision of this Constitution on the fundamental human rights and freedoms has been, or is being or is likely to be contravened in relation to him, then, without prejudice to any other action that is lawfully available, that person may apply to the High Court for redress.
The Plaintiff/Applicant/Appellant filed a motion ‘under Order 67 of the High Court Civil Procedure Rules, 2004 and under …