Interference in accordance with the provision of the appropriate laws. 80. Article 14 of the African Charter is herein reproduced and emphasizes the relevant portion, “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.” (emphasis ours). 81. The import of Article 14 is three fold: 1) it places obligation on State Parties to respect and protect the right to property of all and ensure a peaceful enjoyment of this right. 2) However the right is not absolute, it accommodates the interference by the State of the peaceful enjoyment of property based on recognised law - domestic or international. 3) The right to interfere is equally not absolute as it provides two safeguards in its exercise as follows: a) The interference must be in the interest of the public or general interest of the community that is; the legitimacy of purpose and b) the interference must be in accordance with the law; that is the legality of the law. The application of the safeguards of legitimacy of purpose and legality of the law is cumulative, in other words, non-compliance with any of the two amounts to a violation of Article 14. 82. This Court has elaborated the abovementioned conditions in a number of decisions to the effect that, “Even where the Applicants claim to ownership is substantiated, it is trite that the right to property in Article 14 of the ACHPR is not absolute as it may: “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 31

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