c) Find that there has been no prior legal proceedings against the
Applicant for expropriation in the public interest;
d) Adjudge and Declare that the expropriation, confiscation and use of
property belonging to the Applicant without a fair and prior
compensation, constitutes manifest violations of its fundamental rights
to property;
e) Adjudge and Declare that the Respondent State violated Articles 14
of the African Charter and Article 17 of the UDHR;
f) Order the Respondent State to pay the sum of twenty four billion, three
hundred and five million, thirty-three thousand, nine hundred and
eighty-two CFA Francs (24, 304,033,982 CFA F), to the Applicant as
compensation for all damages caused;
g. Order the Respondent State to pay the sum of two hundred and fifty
million CFA Francs (250,000,000 CFA F), to the Applicant as
irrecoverable expenses not included in the costs.
h. Order the Respondent State to bear the costs of the proceedings before
the Court.
The Respondent State’s Objection on locus standi
15. Ahead of their defense, the Respondent raised a preliminary objection
challenging the locus standi of the Applicant to initiate this action. In
adumbration, they argue that the Applicant being a body corporate is not
entitled to the benefits of human rights which is only applicable to human
persons. As such the Applicant cannot be heard under Article 10 (d) of the
Supplementary Protocol.
16. The Respondent also challenged the applicability of the legal instruments
relied upon by the Applicants to wit; the Universal Declaration of Human
Rights and the African Charter on Human and Peoples Rights. They argued
that being a corporate entity, it is not entitled to the protection as provided
under these instruments and as such the said provisions were wrongly
invoked. The respondent therefore urged the Court to declare the application
inadmissible.
6