except for the customary possession certificates of Mainassara, whose origin
is identical to that of the Applicants.
51. The Mainassaras PT expressly states that it was created based on a
precarious title, which the State does not recognize in relation to the
Applicants.
52. To declare established the violation of the right against discrimination, it
is not forcibly necessary to agree with the Applicants regarding the property
right; it suffices to recognize that two parties who had the same legal rights
- customary possession - were treated very differently, apparently due to
different political and economic influence and without legitimate
justification.
53. Consequently, the Applicants’ allegations of discrimination remain and
are sustained.
b. Pleas in Law
54. To support their claim, the Applicants rely on article 92 of the Rules of
Procedure of the Community Court of Justice;
55. They further rely on the jurisprudence of this Court.
c. Form of Orders Sought
56.The Applicant concluded by praying the Court to:
i. Declare established that, between the date of notice of the decision
and the date of submission of the application for Revision, no more
than three months have elapsed.
10