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Constitutional Law [2022] EACJ 11

Mahok v Attorney General of the Republic South Sudan

Mahok v Attorney General of the Republic South Sudan (Reference No.19 of 2018) [2022] EACJ 11 (24 June 2022) (First Instance Division)

The Court held that it had jurisdiction ratione temporis to hear the Reference, as the impugned actions (failure to release Mr Wol and closure of his bank accounts) occurred after the signing of the Revitalised Agreement and the Republican Order, and the Reference was filed within two months of these events. However, the Applicant failed to provide sufficient evidence to prove that Mr Wol was a political detainee entitled to release under the relevant agreements, or that the Respondent's actions violated domestic law and the Treaty. The only affidavit presented was hearsay and did not meet th…

  • Unlawful Detention
  • Right To Fair Trial
  • Due Process
  • Political Detainees
  • Property Rights
  • Jurisdiction And Time Limits
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