Analysis of the Court
91. The requirement of payment of compensation in cases of violation of the
right to property when confiscation has been established is a catch 22 for the
Respondent because whichever it swings, compensation is obligatory. In the
situation where the intervention is lawful that is to say it meets the legality of
the law and legitimacy of purpose, the Applicant is still entitled to
compensation where development on the land can be established and
ownership of same credited to the Applicant. Conversely where the
interference is unlawful, it goes without saying that compensation is
imperative to remedy the loss on the developments carried out on the property
and other cost associated with the action of the Respondent.
Furthermore, such compensation must be paid prior to the encroachment
failure of which amounts to violation of the right to property.
92. Having found that no compensation was paid to the Applicant prior to or
after the encroachment of its property, the Court holds that failure of the
Respondent to compensate the Applicant is a violation of the right to property
of the Applicant.
Issue 6- Whether the Applicant is entitled to compensation as claimed
93. Having outlined the violations by the Respondent, the Applicant sought
compensation in the sum of Twenty-Four Billion, Three Hundred and Five
Million, Thirty-Three Thousand, Nine Hundred and Eighty-Two CFA Francs
(CFA 24, 305, 033,982) CFA F for all the damages caused by the Respondent
made up as followings:
-Eighteen Billion CFA F (18,000,000,000.00 CFA Francs) for moral
damages and loss of earnings;
- Five Hundred and Seventeen Million, Five Hundred and SeventySeven Thousand Five Hundred CFA francs (517,577,500 CFA Francs)
for furniture;
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