immoveable fixtures thereof. The Court therefore holds that the Applicant has demonstrated the existence of a right over the said listed properties both moveable and immoveable. b) Proof that there was an interference with property by the Respondent. 62. While the Court is satisfied that the Applicant has established its proprietary interest in the alleged property, it must also prove that the Respondent interfered with the peaceful enjoyment of its right denying its lawful possession and use. It is the case of the Applicant that sometime in 2016, the Respondent withdrew the Applicants license, changed the keys to the premises and after that took possession of all its movable and closed down the schools. Furthermore, the Respondent also transferred the company to a Turkish company known as Maarif foundation vide a Memorandum of understanding dated 14th December 2016, thereafter changed the name to Ecole de l’amitie Nigero-Turque and finally hoisted the Turkish flag in place of that of the CSP BEDIR 63. The Respondent did not deny this alleged dispossession of the Applicant and occupation by the Maarif foundation. They only sought to justify their actions by the Applicant’s violation of the terms of the grant. In addressing this point, the court aligns with the opinion below; “The essence of deprivation of property is the extinction of the legal right of the owner, however, the Court will not only take into account whether there has been a formal expropriation or transfer of ownership but will investigate to see whether there has been a de facto expropriation.” (Right to Property under the European Convention on Human Rights- Human Rights Handbook no 10. 64. Obviously the notice of withdrawal of the license, the forceful entry and possession of the property by changing the locks, the eventual transfer of the enterprise to the Maarif Foundation, the removal of the Bedir flag, the replacement with that of the Maarif Foundation and the eventual change of the name of the school is nothing short of a de facto interference. In essence, 21

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