contends that the court issued Ordinance No. 71/C withdrawing the
Ordinance granting the vendor’s land certificate, and that the Minister of
Land Tenure annulled the said land certificate in accordance with the Decree
to establish the conditions for obtaining land certificates in Cameroon. The
Respondent State submits that the irregularities in the procedure through
which the vendor’s land certificate was obtained had consequences on the
Complainant’s land certificate which lost its opposability to third parties
under the same law.
99. The Respondent State submits that protection, as raised by the Complainant,
indeed existed, not through remedies relating to the property but rather
through a personal action for damages against the person responsible for
fraud, a remedy which the Complainant failed to pursue. The Respondent
State maintains that the protection of government authorities was extended to
the true owner of the plot of land who brought the matter before the
competent courts. Reiterating its role as a third party in this dispute, the
Respondent State maintains that it would have met its obligation to protect if
the Complainant had brought a case against her vendor for failing to honour
the sales contract.
Alleged violation of the right to adequate housing, a combined reading of Articles 14,
16 and 18
100. In refuting the argument on the violation of the right to adequate housing,
the Respondent State submits that the Complainant’s claim is baseless given
that the disputed land already belonged to someone else. The Respondent
State maintains that the Complainant was expelled in accordance with the
relevant legal provisions which also provide that any development project
shall automatically belong to the owner without any compensation to be paid
to the occupant. The Respondent State concludes that it has not violated any
of the provisions of the African Charter given that it is a dispute between
individuals.
Complainant’s rebuttal
101. In response to the argument that her land certificate is illegal as a result of
the fraud involved in her vendor’s land certificate, the Complainant submits
that her good faith throughout the procedure has given her apparent legality.
She maintains that the negligence shown by the competent authorities cannot
be blamed on her and should fall under the full responsibility of the
Respondent State. She concludes that in any case, the subsequent disputes
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