registration in the Land Register makes this right opposable to third parties,
including the State.
91. Regarding the national procedures for buying real estate, the Complainant
describes the successive stages involved in the national laws laying down the
conditions for obtaining land certificates. She submits that she successively
contacted a notary, the Land Registrar and the Divisional Head of Service of
Land and Surveys who are all authorities of the Respondent State before
whom she produced all the required information and documents. The
Complainant submits that having met the legal requirements before the
authorities recognised by the law to cross-check and double-check the
authenticity of the procedure for obtaining land certificates, and the said
authorities having found that the land was not subject to any opposition, the
land certificate constitutes an authentic document that is opposable to both
the State and to third parties. The Complainant further submits that she
presumed to be in possession of an unquestionable land certificate since it
was obtained in strict conformity with the legal requirements.
92. The Complainant further avers that the alleged violations were committed as
a result of the Respondent State’s failure in its obligations to respect, protect,
promote and enforce her right to property. She argues that the State failed in
its obligation to respect the said right as a result of the intervention of its
employees who prevented the enjoyment of the property and dispossessed
her of her property, without any grounds of public use or legal grounds.
Regarding the violation of the obligation to protect, the Complainant submits
that it is as a result of the fact that the State did not prevent third parties and
its own employees from evicting her from the land and destroying her
property and installations. The Complainant argues that since the State has
authority over land and having issued an authentic and inviolable land
certificate, it had the obligation to protect the conferred right to property. She
contends that having failed to ensure such protection, the State also failed to
conduct an investigation towards punishing the perpetrators whereas she
had brought the matter to the attention of the competent authorities.
93. Regarding the obligation to promote, the Complainant states that this
obligation was not met as a result of the Respondent State’s incapability to
secure her right. Regarding the enforcement of her right to property, she
maintains that even though the State has a law governing the issuance of land
certificates, it has however failed to comply with Article 1 of the African
Charter which imposes an obligation of result and not of means.
94. The Complainant submits that the State has not only violated her ownership
right in terms of property but also other related rights and privileges,
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