all it was granted authorisation to build 5 schools. Consequent upon which it
made substantial investment in the construction and equipment of the airconditioned classrooms, the administrative blocks, boarding schools,
refectories, modern laboratories etc. which consists of:
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65 classrooms all air-conditioned;
A floor R+2 serving as General Management office;
5 science laboratories;
5 computer rooms equipped with 20 computers each;
6 language classrooms;
Two boarding schools (boys and girls) (Two floors R+2);
Guard houses, sheds, refreshment booth, handball area, basketball
court, garden etc.
56. In addition, the Applicant maintained that the said buildings were
equipped with necessary furniture for their operation including modern bench
tables, meeting tables, desks, cabinets, armchairs, chairs, beds, refrigerators,
televisions, printers, computers, photocopiers and other household appliances
(washing machines, water heater, vacuum cleaner and more), others include
generators and transformers. Five (5) generators with varying capacities from
250KVA, 50 KVA, 40 KVA while the (3) transformers had capacities
between 400 KW and 150 KW. Others include motorized land vehicles, mini
Buses and other devices.
57. The Respondent did not deny that these investments were made by the
Applicant. They however contend that the Applicant is not vested with the
ownership of the land. That the state granted private developers of school and
others land on the basis of provisional tenure in order to provide the necessary
infrastructure for the operational activity envisaged.Therefore, the provisional
tenure on a property cannot confer ownership to the grantee.
58. In order to put in clear perspective the arguments of both parties, it is
necessary at this point to define Property.The European Court on Human
Right held that:
“In considering the provisions of Article 1 of Protocol No. 1 of the
European Court of Human Rights which is pari-material with Article
14 of the Charter, the concept of property or possession is very broadly
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