48. The Applicant claims that he owns the building situated at Rue 22 Prolongee at
Fass Delorme Dakar Senegal with Title No 11766, granted to him on April 1963.
That the auction of the said building by the Respondent based on a loan granted to
Mr. Saer Diop by the Bank, same being without his knowledge or approval, is a
violation of his right to property contrary to Article 14 of the African Charter. Since
he did not part with possession of the said property to any one, his ownership remains
sacrosanct.
49.
The Respondent contests this, claiming that name in the Lands Register
(annexure 1) and on all other processes leading to the judgment of 4 March 2009, is
Sickhe Gueye, while the Applicant’s name in the application before this Court is
Cheikh Gueye. It is the stand of the Respondent that without a judicial rectification
of his first name, the Applicant’s claims over the property with Title No. TF
N°1766/DG that was auctioned at the Tribunal is not tenable. Consequently, since
he has no standing to institute the action, his claim being inadmissible should be
dismissed.
***
50. One of the requisite conditions to maintaining an action before this Court is that
the Applicant must establish a standing to institute the case as a victim pursuant to
which it has held that,
“Cases shall be brought before the Court by natural or legal
persons endowed, within the framework of their national laws,
with the required legal capacity, and who in addition, shall
justify their condition of being a victim.”(Emphasis added).
See CDD AND CDHRD v. MAMADOU TANDJA AND NIGER, (2011) CCJELR Pg. 103
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