158. Regarding the quantum of compensation, the Court recalls that the
Applicants assess the amount of their loss at Two Billion (2,000,000,000)
CFA Francs.
159. The Court recalls its jurisprudence that in computing the quantum of
reparation for loss of opportunity, it takes into account the amounts
requested by the Applicant, provided that the Applicant’s expectation derive
from, and are based on the computation that generated the amount
claimed.27
160. In the instant case, the Applicants have not provided the Court with any
indication of the calculation that led to the amount claimed. However, the
Court observes that even if the Applicants were to deposit the amount of
Eight Hundred and Twelve Million Four Hundred and Eighty-eight Thousand
(812,488,000) CFA francs in the bank, over a period of thirteen (13) years,
the amount in respect of the accrued interest at rates ranging from 3.5 to
4.5% applicable in WAEMU Member States banks cannot amount to the
Two Billion (2,000,000,000) CFA francs claimed.28
161. Given the above, the Court, based on equity and its discretionary power,
awards the Applicants a lump sum reparation of Five Million (5,000,000)
CFA Francs excluding taxes, for loss of investment opportunity.
B. Moral prejudice
162. The Applicants aver that thirteen (13) years of courts proceedings caused
them significant moral damage. They maintain that their opponent was the
Respondent State, which used all means of public authority to discourage,
humiliate, frustrate and intimidate them. The Applicants further aver that the
Respondent State treated them with deep contempt in the instant case,
whereas they were only claiming and defending their ancestral and family
lands.
27
28
Ajavon v. Benin (reparations) (2019), supra, § 61.
The interest would be 475,305,480 CFA francs in time deposit account over 13 years.
38