Charter”) on 31 March 1992 and to the Protocol on the Establishment of an
African Court on Human and Peoples’ Rights (hereinafter referred to as “the
Protocol”) on 25 January 2004. On 23 July 2013, the Respondent State also
deposited the Declaration provided for in Article 34(6) of the Protocol
(hereinafter referred to as “the Declaration”) by virtue of which it accepted
the jurisdiction of the Court to receive applications from individuals and NonGovernmental Organizations having observer status with the Commission.
On 29 April 2020, the Respondent State deposited with the Chairperson of
the African Union Commission the instrument of withdrawal of its
Declaration. The Court held that this withdrawal has no bearing on pending
and new cases filed before the withdrawal came into effect, that is, one (1)
year after its deposit, which is on 30 April 2021. .1
II.
SUBJECT OF THE APPLICATION
A. Facts of the matter
3.
It emerges from the Application that in 1980, the Respondent State acting
through the Real Estate Sales Service (SVI), expropriated a parcel of land
of forty (40) hectares, forty-four (44) ares and sixty-two (62) centiares
located in Abidjan-Yopougon Kouté, belonging to the Baedan family. On the
parcel of land thus expropriated, the Respondent State proceeded, first, to
construct the Centre Hospitalier Universitaire (CHU) in 1980 and,
subsequently, the Cité Policière de la Brigade Anti-Émeutes (Cité Policière
BAE) in 1998.
4.
On 13 January 2007, following a compensation procedure initiated by the
Applicants, the Tribunal of First Instance of Yopougon granted their claim
and awarded them the amount of Eight Hundred and Thirty-nine Million,
Four Hundred and Eighty-eight Thousand (839,488,000) CFA Francs as
1
Suy Bi Gohore Émile and Others v. Republic of Côte d'Ivoire (merits and reparations) (15 July 2020)
4 AfCLR 406, § 67; Ingabire Victoire Umuhoza v. Republic of Rwanda (jurisdiction) (3 June 2016) 1
AfCLR 540, § 69.
2