c. Title Deed No. 25096 of the citizen Mainassara and Title Deed No.
30637, assigned to Summerset, have the same origin.
166. As a third plea, the Applicants maintain, in essence, that they
demonstrated that Mr. MAINASARA Amadou Oumarou, purchaser of a
parcel of land adjacent to the land of Gountou Yena and which had a legal
significance identical to the land in dispute, benefited from treatment
preferential and discriminatory in relation to that portion, because of his
economic wealth and his proximity to political power; That the elements of
Title Deed No. 25096, issued to Mainassara, expressly declare that the land
results from a SUBDIVISION of Title Deed No. 18; That a careful reading
of the provisions of Title Deed No. 25096 proves that it is the same
geographical area; That Mainassara's title deed was, in fact, established on
the basis of customary possession certificates, identical to those presented by
the Applicants; That in order to declare the violation of the right against
discrimination verified, it is not necessarily necessary to agree with the
Applicants regarding the property right; it suffices to recognize that two
parties who had the same legal rights - customary possession - were treated
very differently, apparently due to different political and economic influence
and without legitimate justification.
167. The Applicants concluded that their allegations of discrimination
prevail.
168. In its response, the Respondent, in turn, upheld these two grounds
invoked above by the Applicants as unfounded to determine the Revision of
the Judgment rendered.
The Court’s Analysis
32