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64. Having become the permanent owner of this land, the Summerset company ordered the various occupants to vacate the site, to no avail. 65. Given the applicants' resistance, Summerset brought an action against them before the Judge hearing applications for interim measures. 66. To counter this action, the Applicants filed an appeal against the company before the Niamey Special High Court, claiming the land in dispute, following notification by the bailiff dated April 14th, 2014. 67. In their application submitted before the Court, they wrongly maintained that the land at issue is not titled and asked such jurisdiction to order an expert opinion on the very existence of the title deed. 68. The State of Niger was called upon to join a party in the ongoing process. 69. On July 23rd, 2014, by interlocutory decision, the Niamey Court ordered an expert report on the situation of TP No. 30637 in relation to TP No. 18. 70. The expert report attests that the land in dispute, which is the subject of title deed No. 18, has been registered in the name of the State of Niger since 1940. 71. On March 16th, 2016, pursuant to Decision No. 85, the Special High Court of Niamey issued the decision whose provision is as follows: 13

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I. REPRESENTATION OF PARTIES3
II. COURT’S JUDGMENT3
III. DESCRIPTION OF THE PARTIES3
IV. INTRODUCTION3
V. PROCEEDINGS BEFORE THE COURT4
VI. APPLICANT'S CASE4
a.Summary of Facts:4
a.The lack of communication ofTitle Deed No. 185
b.The right to compensation for destroyed property7
c.Title Deed No. 25096 of the citizen Mainassara and Title Deed No. 30637, assigned to Summerset, have the exact origin.8
b. Pleas in Law10
c. Form of Orders Sought10
VII. DEFENDANT’S CASE11
a)Summary of Facts:11
On the Preliminary Objection:15
Inadmissibility Exception of the Application for Revision15
On the merit18
a. The alleged lack of communication of Title Deed No. 18 18
b. The right to compensation for destroyed property19
c. On the origin of TP No. 25096 of Mr. Mainassara and No. 30637 of Summerset20
b)Pleas in Law21
c. Form of Orders Sought:22
VIII –JURISDICTION22
IX –ADMISSIBILITY23
The Court’s Analysis23
a.Lack of communication of Title Deed No. 1827
The Court’s Analysis28
b.The right to compensation for destroyed property31
c.Title Deed No. 25096 of the citizen Mainassara and Title Deed No. 30637, assigned to Summerset, have the same origin.32
The Court’s Analysis32
X -THE COSTS:35
XI –OPERATIVE CLAUSE:36
On Jurisdiction:36
On admissibility:36
On the Costs36

ECW/CCJ/JUD/07/22 - Tahirou Djibo & Ors v. Niger

ECOWAS Court

Preview

ECCJ App no.: ECW/CCJ/APP/51/18/REV

ECCJ Jud No.: ECW/CCJ/JUD/07/22

Type of Document

Judgement

Keywords

Land Expropriation
Revision of Judgment
Right to Property

Country

Niger

Outcome: Ruled Inadmissible

Year Decided: Mar 22, 2022

Duration of Procedure: Oct 5, 2020 ~ Mar 22, 2022

Country Geolocation

Latitude: 17.607789

Longitude: 8.081666

Country Geolocation (linked ECOWAS Court): Niger

Primary Documents

JUD-ECW-CCJ-JUD-07-22-Tahirou-Djibo-Ors-vs.-Republic-of-Niger.pdf
English
ML TOC
Download View
ARRËT-ECW-CCJ-JUD-07-22-Tahirou-Djibo-Autre-c.-Etat-du-Niger.pdf
French
ML TOC
Download View

ECOWAS Court Rules of Procedure

Article 92An application for revision of a judgment shall be made within three months of the date on which the facts on which the application is based came to the applicant's knowledge.

Rules of Procedure

ECOWAS Court Rules of Procedure

Article 92An application for revision of a judgment shall be made within three months of the date on which the facts on which the application is based came to the applicant's knowledge.

Rules of Procedure

ECOWAS Court Rules of Procedure

Article 941. Without prejudice to its decision on the substance, the Court, in closed session, shall, after hearing the parties and having regard to the written observations of the parties, give in the form of a judgment its decision on the admissibility of the application. 2. If the Court finds the application admissible, it shall proceed to consider the Substance of the application and shall give its decision in the form of a judgment in accordance with these Rules. 3. The original of the revising judgment shall be annexed to the original of the Judgment revised. A note of the revising judgment shall be made in the margin of the original of the judgment revised.

Rules of Procedure

ECOWAS Court Rules of Procedure

Article 931. Articles 32 and 33 of these Rules shall apply to an application for revision. 2. In addition such an application shall: (a) Specify the judgment contested; (b) Indicate the points on which the judgment is contested; (c) set out the facts on which the application is based; (d) Indicate the nature of the evidence to show that there are facts justifying revision of the judgment, and that the time limit laid down in Article 92 has been observed. 3. The application must be made against all parties to the case in which the contested judgment was given.

Rules of Procedure

ECOWAS Court Rules of Procedure

Article 92An application for revision of a judgment shall be made within three months of the date on which the facts on which the application is based came to the applicant's knowledge.

Rules of Procedure

Protocol A/P.I/7/91 on the Community Court of Justice

Article 25: Application for Revision1. An application for revision for a decision may be made only when it is based upon the discovery of some fact of such a nature as to be a decisive factor, which fact was, when the decision was given, unknown to the Court and also to the party claiming revision, provided always that such ignorance was not due to negligence.2. The proceedings for revision shall be opened by a decision of the Court expressly recording the existence of the new fact, recognising that it has such a character as to lay the case open to revision and declaring the application admissible on this ground.3. The Court may require prior compliance with the terms of the decision before it admits proceedings in revision.4. No application for revision may be after five (5) years from the date of decision.5. The decision of the Court has no binding force except between the parties and in respect of that particular case.

Treaty

ECOWAS Court Rules of Procedure

Article 92An application for revision of a judgment shall be made within three months of the date on which the facts on which the application is based came to the applicant's knowledge.

Rules of Procedure

ECOWAS Court Rules of Procedure

Rules of Procedure

ECOWAS Court Rules of Procedure

Rules of Procedure

Protocol A/P.I/7/91 on the Community Court of Justice

Treaty

ECOWAS Court Rules of Procedure

Article 92An application for revision of a judgment shall be made within three months of the date on which the facts on which the application is based came to the applicant's knowledge.

Rules of Procedure

Protocol A/P.I/7/91 on the Community Court of Justice

Treaty

ECOWAS Court Rules of Procedure

Article 661. A decision as to costs shall be given in the final judgment or in the order, which closes the proceedings. 2. The unsuccessful party shall be ordered to pay the costs if they have been applied for in the successful party's pleadings. 3. Where there are several unsuccessful parties the Court shall decide how the costs are to be shared. 4. Where each party succeeds on some and fails on other heads, or where the Circumstances are exceptional; the Court may order that the costs be shared or that the parties bear their own costs. 5. The Court may order a party, even if successful, to pay costs which the Court considers that party to have unreasonably or vexatious caused the opposite party to incur. 6. The Member States and institutions which intervene in the proceedings shall bear their own costs. 7. The Court may order an intervener other than those mentioned in the preceding subparagraphs to bear his own costs. 8. A party who discontinues or withdraws from proceedings shall be ordered to pay the costs if they have been applied for in the other party's observations on the discontinuance. 9. However, upon application by the party who discontinues or withdraws from proceedings, the costs shall be borne by the other party if this appears justified by the conduct of that party. 10. Where the parties have come to an agreement on costs, the decision as to costs shall be in accordance with that agreement. 11. If costs are not claimed, the parties shall bear their own costs. 12. Where a case does not proceed to judgment the costs shall be in the discretion of the Court.

Rules of Procedure

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- Rules of Procedure10
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