interpreted. It covers a range of economic interests which include:
movable or immovable property, tangible or intangible interests, such
as shares, patents, an arbitration award, the entitlement to pension,
the right to exercise a profession, a landlord’s entitlement to rent, the
economic interests connected with the running of a business.” See
CENTRO EUROPA 7 S.R.L. AND DI STEFANO v. ITALY (Application
no. 38433/09) JUDGMENT STRASBOURG 7 June 2012.
This definition was also adopted in the case of REGISTERED TRUSTEES OF
ASSOCIATION OF FORMER TELECOM EMPLOYEES OF NIGERIA Vs
FEDERAL REPUBLIC OF NIGERIA & Ors ECW/CCJ/JUD/20/19
UNREPORTED
59. The Court notes that both Parties admitted in their pleadings that the
Respondent State granted land to the Applicant to carry out its business
activities, which includes the creation, management and development of
private primary and secondary schools. Further that it made significant
developments on the land. So the crux of the matter at hand is hung on
moveable and immoveable effects. There is no doubt that the Respondent as
the Government which has a long life ownership on land within its territory,
granted a provisional right of occupancy to the Applicant, which legally
conferred proprietary interests in the land and all fixtures thereupon on the
Applicant for the duration of the grant. No matter how provisional the tenure
of a grant of lease over a property is, the lease interest which is intangible and
all upgrades on that land which is tangible confer a proprietary right and
remain active so long as the grant of lease subsist.
60.
The Court therefore rejects the argument of the Respondent that
provisional tenure on a property cannot confer ownership. At the time of the
encroachment, the Applicant’s proprietary interest was still active and will
remain so until the grant of lease is effectively revoked in compliance with
the proviso in Article 14 of the Charter. The Respondent having not denied
the claim of ownership of the investments and upgrade enumerated by
Applicant, obviates the Applicant from further proof thereof. See DOROTHY
CHIOMA NJEMANZE & 3 ORS V. FEDERAL REPUBLIC OF NIGERIA
ECW/CCJ/JUD/08/17 @ page 31.
61. The Court finds that the Applicant has established the right of ownership
over various listed buildings constructed upon the land and all other
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