51. Therefore, the Court finds that the Applicant has not provided any new evidence
to justify the review of its judgment.
iii. Allegation of a new fact in the determination of the duration of the domestic
proceedings in relation to his landed property
52. The Applicant submits as new evidence the fact that in paragraph 58 of the
Judgment of 2 December 2021, the Court determined the duration of local remedy
that he pursued before the domestic courts seeking to recover his landed
property, counting from the date on which the Applicant submitted his application,
namely, 8 November 2017. He submits that it would have been normal to start
counting from at least 12 October 2020, the day pleadings were closed.
53. Citing the case-law of the United Nations Human Rights Committee, the Applicant
argues that if the Court had followed this international practice of computing timelimits, the duration of the domestic remedies, which it considers to be two (2) years
and five (5) months respectively, and three (3) years, eleven (11) months and four
(4) days9 respectively, would have been six (6) years and four (4) months for one
and five (5) years, eight (8) months and four (4) days for the other.
54. For the Applicant, the Court should review its judgment and come to the
conclusion according to which the periods of six (6) years and four (4) months on
the one hand and five (5) years, eight (8) months and four (4) days on the other
are long enough. On that basis, the Applicant prays the Court to find his
Application admissible. He further submits that once his initial Application is
declared admissible for violation of his right of ownership over his immovable
property, the Court should then rule that the Respondent State is holding his
movable and immovable property wrongfully.
9
In the Initial Judgment, the Court noted that it emerges from the records that the duration of the first case
brought by the Applicant to claim his landed property was two (2) years five (5) months and twelve (12) days
while that of the second case was three (3) years, eleven (11) months and four (4) days.
15