253. And on the other hand, it is not among the competencies attributed to
this Court to settle conflicts related to a property claim. Such jurisdiction is
reserved for national courts.
254. Therefore, it remains to be concluded that the applicants, in the
instant case, do not demonstrate that they are the owners of the land in
question, as they had to do.
255. Therefore, this Court understands that, as the applicants have not
demonstrated their status as the owner of the land in question, they cannot
enjoy the protection granted by Article 14 of the African Charter.
256. And in that sense, the alleged violation of the property right must be
dismissed.”
158. These conclusions do not result in any decision taken by this Court,
based on Title Deed No. 18.
159. The meaning of the Decision of this Court was based only on the fact
that, in the dispute established between the parties before the national courts,
the definition of the holder of the property right over the land in question is
still pending since it is not among the powers of this Court, the resolution of
such dispute.
160. This means that even if the Respondent had gathered to the case file the
aforementioned title deed No. 18 - a fact that did not even occur - this would
not influence the decision taken by this Court, as it was based only on the
existence of litigation pending, at the national level, to determine the
existence or not of the Applicants' property right.
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