CHORO-PADOH KWANIMBI HAMZA vs. THE INSPECTOR GENERAL OF POLICE AND THE ATTORNEY GENERAL

AVRIL LOVELACE-JOHNSON, JSC I have read the judgment of my brothers Suurbaareh JA. I also hold the opinion that the appeal in question should be allowed for the following reasons. I will first consider the second ground of appeal upon which the trial judge based her judgment. This states as follows: “The learned trial judge erred in law when she held that the dismissal of the Plaintiff/Respondent by the Central Disciplinary Board was null and void as the procedural requirement was breached”. On this ground, counsel for the appellant submits in sum that in applying regulation 16(d) the learned trial judge failed to advert her mind to the precondition in that regulation and that it was this failure which led her to find that there had been a breach of procedure. The precondition referred to being “If the board is satisfied that the punishment which it could provide would be inadequate or that it has insufficient disciplinary authority to deal with the case”. In other w...