- Five Billion, Seven Hundred and Eighty-Seven Million, Four Hundred
and Fifty-Six Thousand, Four Hundred and Eighty-Two CFA francs (5,
787,456,482 CFA F) for construction and upgrade carried out;
- 250,000,000 CFA F as irrecoverable expenses;
94. The Respondent on the other hand refuted the allegation that they caused
loss to the Applicant. In relation to the construction estimates it is their opinion
that if they were indeed subjected to an expert opinion, other claims by the
Applicant are not founded on any concrete evidence. In this regard, the
Respondent urged the Court to engage an independent Estate valuator to
evaluate the property as same was done solely by the Applicant. The
Respondent also urged the Court to dismiss the application or in the alternative
award a lump sum award in the event it finds compensation appropriate.
Analysis of the Court.
95. Compensation is awarded for the loss and hardship suffered by a victim
resulting from a violation of his/her human right. In determining the quantum
of compensation to be awarded, the Court must be satisfied by reliable
evidence that the Applicant has suffered loss and is thus entitled to
compensation. This Court in CHIEF EBRIMAH MANNEH V THE
REPUBLIC OF THE GAMBIA ECW/CCJ/JUD/03/08 @ pg. 19-20 held
‘that the object of human rights instrument is the termination of human rights
abuses and in cases where the abuse has already taken place, restoration of
the rights in question. Compensation is awarded to ensure just satisfaction
and no more.’
96. Furthermore in KARIM MEISSA WADE V. REPUBLIC OF SENEGAL
ECW/CCJ/JUD/19/13 @ pg.28, The Court held
‘that reparation of harm may only be ordered upon the condition that the
harm in question is established to have really occurred, and that there is found
to have existed a link of cause and effect between the offence committed and
the harm caused’.
97. It is a well-established principle of international law that a breach of an
international obligation entails the duty to make adequate reparation. This
reparation may take different forms: restitutio in integrum, specific orders,
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