compensation for the loss of their customary rights over the expropriated
parcel of land.
5.
Following an appeal filed by Agence de gestion foncière (hereinafter
‘AGEF’),2 the Abidjan Court of Appeal, by Judgment of 13 July 2007, partly
reviewed the Judgment of the Tribunal of First Instance of Yopougon by
recalculating the amount of compensation for the Applicants’ loss of
customary rights in respect of the expropriated parcel of land. The Court of
Appeal then reduced the compensation amount previously set at Eight
Hundred and Thirty-nine Million Four Hundred and Eighty-Eight Thousand
(812,488,000) CFA francs to Eight Hundred and Twelve Million Four
Hundred and Eighty-Eight Thousand (812,488,000) CFA Francs and
ordered AGEF to pay the said amount to the Applicants.
6.
On 9 April 2009, the Supreme Court dismissed AGEF’s appeal against the
Appeal Court judgment of 13 July 2007 which, therefore, became final and
binding.
7.
The Applicants submit that, as at the date of filing the present Application,
the Respondent State had not executed the judgment of the Court of
Appeal. They further submit that from 2002, the Respondent State began to
sell to third parties other parcels of their land, which were not part of the
expropriated area.
B. Alleged violations
8.
The Applicants allege the violation of the following rights:
i.
The right to property guaranteed in Article 14 of the Charter;
ii.
The right to be informed of their right to compensation after
expropriation, guaranteed in Article 9 of the Charter;
2
Agence de Gestion Foncière (AGEF), Established as a public limited company with majority public
shares and a board of directors, has been managing urban land in the name and on behalf of the State
and Regional Authorities since 6 May 1999.
3