the Applicant was dispossessed of its properties both moveable and
immovable and prevented from operating its business.
65. Since these allegations of interference is uncontroverted by the
Respondent, the Court holds the Applicant has proved that the Respondent
interfered with the quiet enjoyment of the possession of the said property.
c) That the interference was in accordance with the appropriate laws.
66. In addressing whether the Respondent acted in accordance with the Law
when it confiscated the Applicants property, it is necessary to recall the
provision of Article 14 of the Charter and 17 of the UDHR upon which this
application is premised.
Article 14 of the Charter provides:
“The right to property shall be guaranteed. It may only be encroached
upon in the interest of public need or in the general interest of the
community and in accordance with the provisions of appropriate laws.”
Emphasis ours
67. The European Court of Human Rights has held that
“An essential condition for interference to be deemed compatible with
Article 1 of Protocol No. 1 (which is in pari-material to Article 14 of the
ACHPR) is that, it should be lawful: the second paragraph recognises that
States have the right to control the use of property by enforcing “laws”.
Furthermore, any interference by a public authority with the peaceful
enjoyment of possessions can only be justified if it serves a legitimate public
(or general) interest.” See GOGITIDZE AND OTHERS v. GEORGIA
(Application no. 36862/05) STRASBOURG 12 May 2015,
68. The Court aligns itself with the above findings and state that the import
of this Article 14 is three fold: 1) it places obligation on State Parties to respect
and protect the right to property of all and ensure a peaceful enjoyment of this
right. 2) However the right is not absolute, it accommodates the interference
by the State of the peaceful enjoyment of property based on recognised law domestic or international. 3) The right to interfere is equally not absolute as it
provides two safeguards in its exercise as follows: a) The interference must
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