Principle

CIVIL PROCEDURE — Fundamental Rights Enforcement — Proper Procedure — Claim for Wrongful Dismissal Not Enforceable Under Fundamental Rights Procedure

Area of law
CIVIL PROCEDURE
Court
Supreme Court

Fundamental Rights enforcement procedure is for claims where the breach of fundamental right is the main plank of the action. Where the alleged breach is incidental or ancillary to another substantive claim (e.g., wrongful dismissal), the proper procedure is by writ of summons, not fundamental…

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