rates applied to the awarded amount of Eight Hundred and Twelve Million
Four Hundred and Eighty-eight Thousand (812,488,000) CFA Francs
indicate an increase by half in the interest, in other words, by Two Hundred
and Thirty-five Million, Three Hundred and Sixty-six Thousand, Eight
Hundred and Five (235,366,805) CFA Francs.
130. The Court therefore considers that the Applicants are entitled to the
payment of Two Hundred and Thirty-Five Million, Three Hundred and SixtySix Thousand, Eight Hundred and Five (235,366,805) CFA Francs as
interest on the principal debt for late payment.
ii. Compensation
131. The Applicants submit that the loss of customary rights over their land was
merely remedied by compensation without considering their right to
reparation which must be determined according to their future level of
development in accordance with Article 6 of Decree No. 2013-224 of 22
March 2013. They maintain that, according to experts, the land in question
is on average currently valued at One Hundred Thousand (100,000) CFA
francs per square metre. They therefore pray the Court to order the
Respondent State to pay them the sum of Twenty-Nine Billion Three
Hundred Forty-Nine Million One Hundred Thousand (29,349,100,000) CFA
francs.
*
132. The Respondent State maintains that the expert report relied upon by the
Applicants was not ordered by a court and was not cross-checked in a
manner that would make it enforceable against the Respondent State. The
Respondent State further contends that the Applicants are not entitled to
compensation that they did not bother to claim before domestic courts.
***
32