decision was rendered on it, in which it was made reference to the existence
of a Title Deed No. 18 in favor of the Respondent. This fact was admitted by
the Respondent, who confirmed a pending legal dispute between it and the
Applicants regarding the establishment of property rights in the land in
question before the Niamey Appellate Court. (See § 223 to 229 of the
Judgment).
156. In no part of the Judgment rendered by this Court, it confirmed or
based its decision on the aforementioned Title Deed No. 18.
157. As the parties admitted that there was a judicial dispute between them
pending before the Niamey Appellate Court, in which each of them claimed
the right to the land in question, this Court limited itself to the conclusion as
set out in paragraphs 250 to 257, which is now transcribed:
“250. It is clear from these documents that the facts alleged by the applicants
and confirmed by the Respondent State have been established, in so far as
the latter admits that there is a dispute between it and the applicants,
concerning ownership of the land in question, still pending before the Court
of Appeal of Niamey, in which both claim ownership of the said land.
251. Given these facts, it should be concluded that, in the national
jurisdiction, the applicants have not yet obtained recognition of the property
right, which they intend to claim here, based on a customary title, derived
from possession, which shows itself contradicted by a title deed No. 18,
exhibited by the State, being pending the judicial dispute.
252. In other words, the property right claimed by the applicants is not yet
an existing asset under their ownership.
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