boys and girls, guard houses, sheds, refreshment booths, sporting areas,
gardens, electrical installations and more.
101. The Court notes that the Applicant supported its claim with an expert
valuation report prepared by one Boukari Amirou, a sworn approved real
estate expert in the tribunals and courts of the Respondent. The Report details
the current market value of the land based on certain parameters including the
added value of the land, geographical indicators, real estate market trends,
communication access networks on various roads, amongst other information.
The value of the listed constructions was assessed by the valuator as Five
Billion, Seven Hundred and Eighty-Seven Million, Four Hundred and FiftySix Thousand, Four Hundred and Eighty-Two CFA francs (5, 787,456,482
CFA F)
102. The Applicant therefore claims for compensation for all construction
and upgrade carried in the sum Five Billion, Seven Hundred and Eighty-Seven
Million, Four Hundred and Fifty-Six Thousand, Four Hundred and EightyTwo CFA francs (5, 787,456,482 CFA F). The Respondent rejected this claim
for compensation on the basis that it’s the singular effort of the Applicant and
the veracity is not assured.
103. The Respondent had every opportunity to equally engage an estate
valuator to counter the Applicant’s evaluation but failed, refused and or
neglected to do so. This is more so that the Respondent has free access to the
property having been in occupation of same following the dispossession of
the Applicant. To this end, the plea of the Respondent for the Court to engage
an independent expert to value the property goes to no issue, the Court
therefore admits the valuation submitted by the Applicant as proof of the value
of the constructions and upgrade carried out on the said land.
104. The Court therefore holds that the Applicant is entitled to the sum of
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) being compensation for all upgrades on the land granted
by the Respondent
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