of Europe through protocol 1 to the European Convention of Human Rights. ” 77. Having found that the right to property is one of the exceptions that grounds a corporate legal entity the right to bring a claim under Article 10 (d), and in the light of the fact that one of the reliefs sought by the Applicant is the right to property, the Court finds that the Applicant can validly maintain an action for the alleged violation of its right to property. 3. Whether the Applicant’s Right to Property has been violated. 78. The crux of the Applicant’s application is predicated on an alleged seizure of the sum of Three Million US Dollars (US$ 3,000.000.00) by the Respondent on grounds of allegation of suspicious activities in the Applicants’ account. The Applicant’s maintained that in so doing and without legal justification, the act of the Respondent’s bank amounts to a violation of its right to property. The African Charter on Human and Peoples’ Rights guarantees the right to property. Article 14 of ACHPR states: “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” 79. Property can be defined as a possession that people can lay claim to upon provision of legal title, proof of ownership or any document conferring the right of ownership. In CENTRO EUROPA 7 S.R.L. AND DI STEFANO v. ITALY (Application no. 38433/09) JUDGMENT STRASBOURG 7 June 2012, the ECHR held that: “In considering the provisions of Article 1 of Protocol No. 1 of the European Court of Human Rights (which is in pari materia with Article 14 of the African Charter), the concept of property or possession is very broadly interpreted. It covers a range of economic interests which include: movable or immovable property, tangible or intangible interests, such as shares, patents, an arbitration award, the entitlement to pension, the right to exercise a profession, a landlord’s entitlement to rent, the economic interests connected with the running of a business.” 80. It follows from the above that, money being an economic interest connected with the running of a business can be classified as property which can be owned 22

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