fundamental rights to which they are entitled to enjoy and be protected. Such
rights include the right to property. In the case of DEXTER OIL V.
REPUBLIC OF LIBERIA ECW/CCJ/JUD/03/19, it held that
“… human rights are the rights that belong to all human beings irrespective
of their nationality, race, caste, creed and gender amongst others; (….) on
the other hand, right of a corporate body are rights that are fundamental
and necessary for the existence of a corporate body which a legal entity can
enjoy and be deprived of; for example, right to freedom of speech as the
corporation is entitled to speak about matters that affect it ; right to property
as the corporation owns property, generates profit in shares and or cash and
is entitled to the quiet enjoyment of same. The established exceptions under
which corporate bodies can ground an action are; rights that are
fundamental rights not dependent on human rights and they include right
to fair hearing, right to property and right to freedom of expression.”
42. With specific reference to the right of property of a legal person, the court
further held in CHUDE MBA Vs. REPUBLIC OF GHANA
ECW/CCJ/JUD/10/13 @ pg. 21 that
‘…..Article 14 of the African Charter does not specify whether or not the
right to property is only guaranteed to individuals or people. It has therefore
not excluded legal persons, which include corporations. Therefore,
corporations may also benefit from the right to property as guaranteed by
Article 14 and as recognized by the national laws of Member States and by
the Council of Europe through Protocol 1 of the European Convention of
Human Rights.’
43. Based on the analysis above and the jurisprudence of the Court on this
issue, the Court holds that the Applicant has locus standi to bring this
application before the Court under Article 10(d) of the Supplementary
Protocol consequently the Respondent’s Preliminary Objection is dismissed
and the Court so holds.
Issue 3 - Whether the Applicant’s objection that the Respondent State
filed its Defence out of time is valid.
14