to it must meet the requirement of exhaustion of local remedies.8 The Court
further notes that the local remedies to be exhausted are ordinary judicial
remedies. Such remedies must be available, that is, they can be pursued
by the Applicant without hindrance; effective and satisfactory in the sense
that they are capable of satisfying the applicant or remedying the situation
in dispute.9
48. The issue for determination in the present Application is whether the
Applicants should have raised before the domestic courts some of the
violations alleged before this Court in order to meet the requirement of
exhaustion of local remedies.
49. The Court notes that the violations alleged before this Court concern, on the
one hand, the sale of plots that were not expropriated by the Respondent
State and, on the other hand, the procedure before domestic courts in
respect of the Applicants’ compensation.
50. Regarding the allegations of transfer of the non-expropriated part of the land
to third parties, the Court notes that after the judgment rendered in their
favour on 16 February 2016 by the Tribunal of First Instance of Abidjan, the
Applicants did not appeal. The Court thus finds that the Applicants did not
exhaust local remedies in respect of this issue.
51. Concerning the alleged violations in connection with the proceedings for
compensation before domestic courts, the Court notes that, following the
judgment of 13 July 2007 delivered by the Court of Appeal of Abidjan, AGEF
lodged a cassation appeal before the Supreme Court, which dismissed the
appeal by a judgment of 9 April 2009.
8
Kambole v. Tanzania, supra, § 36; Kennedy Gihana and Others v. Republic of Rwanda (merits and
reparations) (28 November 2019) 3 AfCLR 655, §§ 65 and 66.
9 Kouassi Kouame and Sylla v. Côte d'Ivoire, supra, § 49; Norbert Zongo and Others v. Burkina Faso
(preliminary objections) (21 June 2013) 1 AfCLR 197, § 84.
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