b) To adjudge and declare that Senegal breached Articles 7 and 14 of the African
Charter on Human and Peoples' Rights;
c) To hold that Senegal has violated, Articles 10 and 17 of the Universal
Declaration of Human Rights;
d) To order Senegal to pay Mr. Cheikh Gueye the sum of 115 million FCFA as
pecuniary damages.
e) To order Senegal to pay 30 million FCFA as moral damages.
RESPONDENT’S CASE
a) Summary of facts
13. The Respondent in its defence raised a number of objections on the admissibility
of the application as follows: a) Failure of Applicant’s counsel to adduce
authorization that enables him practice in Senegal contrary to the provisions of
Article 28(3) of the Rules of Court; b) Failure of Applicant’s counsel to state an
address for service at the seat of the Court contrary to Article 33(2) of the Rules of
Court; c) Incompetence of the Court to review the decision of the Respondent’s
national Court.
14. On the merit, the Respondent cited the discrepancy between the name appearing
on the synopsis page of Annexure 1 and on all other processes leading to the
judgment of 4 March 2009, that is, Sickhe Gueye and the Applicant’s name in this
case, which is Cheikh Gueye.
15. It is the contention of the Respondent that under this circumstance, the Applicant
cannot claim to be the owner of the property with Title No. TF N°1766/DG, which
was auctioned at the Tribunal, without a judicial rectification of his first name. The
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