120. Moral prejudice involved the emotional suffering, anguish and changes in
living condition of an Applicant and his family which is attributable to the acts of
the Respondent. Where moral loss is claimed, there is no need to prove same as the
prejudice is presumed from the character of the abuse. While the damages cannot be
calculated mathematically by the use of a precise formula, nonetheless the victim
should receive an amount approximate to the loss if possible. In essence, the
assessment of the quantum must be undertaken in fairness looking at the
circumstanced of the case. In such circumstance a lump sum for moral loss will be
award. See the Inter-American Court on Human Rights judgment in GOIBURU AND
OTHERS v PARAGUAY (MERITS, REPARATIONS AND COSTS) JUDGMENT OF 22
SEPTEMBER 2006, para 143. See also ZONGO & ORS V BURKINA FASO 1 AFCLR (Ibid
121. The Applicant who has endured a fight for his property from 2004 when it was
auctioned to 2016, when this application was filed, the court is inclined to believe
that he has suffered some form of emotional and obviously financial distress. In this
wise, the Respondent is ordered to pay the applicant the sum of 15 million FCFA for
moral prejudiced suffered due to the violation of the Applicant’s rights.
COST
122.
The Applicant prays the Court to grant the cost in defending his interest in
the sum of FCFA 5,000,000.
123. Respondent also prays the Court to grant the sum of FCFA100, 000,000 for the
reparation of the prejudices suffered owing to the vexatious and frustrating
procedure, pursuant to Article 66.5 of the Rules of the Court.
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