remedies following the formalities required by law, that these remedies were
sought from the competent authorities, and that the necessary efforts within
the meaning of the condition of the exhaustion of local remedies were made.
As such, the remedies were effectively sought and it was incumbent upon the
Respondent State to ensure access to the remedies, an obligation which the
Respondent State failed to discharge. Such failure rendered the remedies
unavailable given that they were inaccessible. Moreover, the failure to act by
the authorities of the Respondent State made remedies to be unduly
prolonged, which resulted in their ineffectiveness. Having concluded on the
unavailability and ineffectiveness of local remedies, the Commission is of the
view that it is no longer necessary to consider if local remedies were
sufficient.
Decision of the Commission on Admissibility
88. For the above reasons, the African Commission on Human and Peoples’
Rights declares the Communication admissible in accordance with Article 56
of the African Charter.
Consideration of the Merits
Complainant’s Submissions on the Merits
Alleged violation of Article 14
89. In her merits submissions, the Complainant presents arguments to prove that
she has property right over the contested property, that she met the national
legal requirements for buying real estate, that the State failed in its obligations
and that as a result of its failure her right to property under Article 14 of the
African Charter was violated. In the alternative, the Complainant claims a
violation of the right to adequate housing by invoking the provisions of
Articles 16 and 18 of the African Charter.
90. In proving that she has property right, the Complainant submits that it is only
the land certificate which can be considered as the indisputable proof of the
right of ownership. In this regard, she submits that the duly obtained land
certificate no. 38826 issued on 6 August 2007 by the Respondent State is an
incontestable proof of ownership. According to the Complainant, the State
was the original owner of the land in question, a part of which it retroceded
to her vendor under another land certificate no. 38602. The Complainant
submits that the land certificate issued by the Respondent State gives her
unassailable, inviolable and final right of ownership over the land and that its
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