004050
,
260.
I
The Applicant further submits that the prohibition and sU~~Emsion measures
taken by the various administrative services resulted in the loss of the value of his
shares in the afore-mentioned companies and stifled his activities which represent
the main source of his income .
*
261.
Refuting the Applicant's allegations , the Respondent State contends that there
has been no infringement of the Applicant's right to property, adding that the
companies the Applicant claims to be the owner have not been nationalized or
expropriated by the State. Moreover, since licence is granted only to companies
that fulfil the requisite legal conditions , the withdrawal of SOCOTRAC's customs
agent licence cannot be analysed as a violation of an alleged right to property.
262.
As regards the cutting of the signals of the Applicant's media stations, the
Respondent State affirms that it is a precautionary measure aimed at regularizing
the situation of the two media stations, and that as at the time the Court made its
ruling, the said media stations had resumed broadcasting pending the outcome of
the contentious proceedings on this issue before Benin courts .
***
263.
Article 14 of the Charter provides that: "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 the appropriate laws."
264.
The Court reiterates that it has already held that the right of property in its
classic sense, comprises the right to use the thing which is the subject of the right
(usus), the right to enjoy its fruits (fructus) and the right to dispose of it iebususl?",
265.
In the instant case, the Applicant alleges that the measures taken by the
administrative authorities against his companies are intended to prevent him from
carrying on his commercial activities and benefiting therefrom. It is apparent that
34
~ 10 as
I
, ::onv;a..
Application No. 006/2012 . Judgment of 26/05/2017 (Merits), Commission v. Kenya (hereinafter
( ~;il~). § 124
.
~~