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. 29

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