Property is classified into two: "real property" which is any interest in land, real
estate, growing plants or the improvements on it, and "personal property" otherwise
known as personality which is everything else capable of being owned.
For purpose of clarity, the claim before this court is in relation to personal property
or personality.
The right to property is guaranteed by quite a number of international instruments
with similar provisions.
Article 14 of the African Charter on Human and Peoples Rights provides:
“The right to property shall be guaranteed. It may only be encroached upon in the
interest of public need or in the general interest of the community and in accordance
with the provisions of appropriate laws”.
Article 17 of the Universal Declaration of Human Rights provides:
(1) Everyone has the right to own property alone as well as in association with
others.
(2) No one shall be arbitrarily deprived of his property for the purposes of the
clarification, interpretation and elucidation and as directly applying to this
case, the European Human Rights Convention will provide a guide:
Article 1 of Protocol 1 to the European Court of Human Rights provides:
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