Victim. As a result, the Complainant avers that, in view of the Court’s decision, the
Deeds Office cancelled the registration under the name of the State, the deed of sale
was drawn on 04 March 2009, and the house was re-registered in the name of Maria
Alves Moreira Calvo. The Complainant submits that this was followed by
registration of the property in the name of the Victim.
7. The Complainant submits that on 25 March 2009, the Victim gave notice requesting
the State to return the house to him within 30 days; however, the State responded
that it would only return the house against a judicial order executing the Court’s
judgment. The Complainant submits that in response the Victim filed an application
against the State in the 4th Division of the Judicial Court of the City of Maputo
seeking execution of the judicial order for the return of the house on 08 June 2009,
which was officially received on 10 June 2009.
8. The Complainant submits that the State approached the Attorney General of the
Republic and recommended that he should prevent execution of the judicial order
by making use of the special prerogative conferred by Law no. 22/07 and DecreeLaw no. 1/05, thereby applying to the Supreme Court for a stay of the ruling and
annulment of the judgment in Case no. 127/07. The Complainant submits that on 21
October 2009, the Attorney General filed an application with the 1st Division of the
Supreme Court, registered as Case no. 159/09.
9. The Complainant submits that on 20 November 2011, the 1st Division of the Supreme
Court annulled the decision of Case no. 127/07 on the grounds that it was patently
illegal. The Complainant further submits that the Victim was not summoned to
argue his case before the Supreme Court, because he was not regarded as a party to
the case.
10. The Complainant avers that on receipt of the judgement from the 1st Division of the
Supreme Court, the 4th Division of the Judicial Court of the City of Maputo informed
the Victim of the decision. In response, the Victim filed an application in the Judicial
Court of the City of Maputo to withhold execution of the Supreme Court’s judgment
in order to refer the matter to the Constitutional Council, to examine the case and to
declare the rulings conferring on the Attorney General, and on the Divisions of the
Supreme Court, special powers to annul judgments as unconstitutional. The
Complainant avers that in response, the Judge dismissed the application in an Order
issued on 19 March 2012. The Complainant further avers that the Judge stated
inappropriately that the application should have been filed with the Supreme Court.
11. The Complainant submits that, having exhausted judicial avenues to reinstate his
rights over the house, the Victim applied to the Ombudsman requesting him to ask
the Constitutional Council to assess and declare the unconstitutionality of Law
no.22/07 and in his reply of 13 July 2012 the Ombudsman found the Victim’s
application inadmissible.
Articles alleged to have been violated
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