46. That all the statements mentioned above are also corroborated by the
PARCEL part of the Title Deed No. 25096, issued to Mainassara in which it
can be read: “According to the demarcation act drawn up in Niamey on
08/28/2011, the Director of Land and Registration Affairs, requested the
subdivision of a land with an area of 01 ha 05 to 49 ca, to be extracted from
TP N° 18…”
47. The Court will note that the two title deeds attached to the case file all
refer to a so-called TP No. 18, which has not been communicated to the
Applicants to date. There is no doubt that Mainassara's title deed is, in fact,
in the famous title deed No. 181.
48. Concerning the precarious origin of the Title Deed that served as the basis
for the issuance of TP No. 25096, reference should also be made to the
following mentions: “According to the certificate of customary possession
No. 012/CNII, dated 20/07/2009 in Niamey, registered on 31/08/2011, f 18,
No. 31/1R4, signed by Ms. Ibrahim Diama, Mayor of Municipal Council of
Niamey II".
49. It expressly results from the declarations of title deed No. 25096 that Mr.
Mainassara acquired his land from a customary owner named ADAMOU
DJIBO. That is how, in the ORIGIN OF PROPERTY part, the following
mention can be read “the land specified above belongs to Mr. DJIBO
ADAMOU for having acquired it on 20/07/2009 from the Mayor of Niamey
Municipal Council II, as certified by customary possession No. 012/CNII”.
In the demarcation plan attached to the Mainassara Title Deed, we can also
read the mention "Land owned by Mr. ADAMOU DJIBO” (Customary
Owner).
50. The Applicants presented a title deed identical to that of Mainassara.
However, curiously, the State annulled all the property titles in the area,
1
idem
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