39. This would have served as an alternative and independent basis for a
judgment in favor of the Applicants and could have been resolved despite
the decision to deny their property rights.
40. It is undeniable that the Applicants are entitled to compensation for the
destruction of property at the site and their economic interests in the peaceful
occupation of the site.
41. Dismissing the Applicants’ property right should not affect their right to
compensation for their personal property, which was unjustly destroyed.
42. Since the State does not dispute that it destroyed the Applicants' personal
property and deprived them of their economic interests in the Gountou Yena
site, the Court would necessarily have ordered compensation for those
properties had it considered them.
c. Title Deed No. 25096 of the citizen Mainassara and Title Deed No.
30637, assigned to Summerset, have the exact origin.
43. In their appeal to the Court, the Applicants demonstrated that Mr.
MAINASARA Amadou Oumarou, the purchaser of a parcel of land adjacent
to the land in Gountou Yena and which had a legal significance identical to
the land in dispute, benefited from preferential and discriminatory treatment
in relation to this portion, because of his economic wealth and his proximity
to the political power.
44. The elements of the Title Deed No. 25096, issued to Mainassara,
expressly declare that the land results from a SUBDIVISION of Title Deed
No. 18.
45. A careful reading of the provisions of Title Deed No. 25096 proves that
it is the same geographical area; and that Mainassara's title deed was
established based on customary possessions certificates identical to those
presented by the Applicants.
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