immoveable fixtures thereof. The Court therefore holds that the Applicant has
demonstrated the existence of a right over the said listed properties both
moveable and immoveable.
b) Proof that there was an interference with property by the Respondent.
62. While the Court is satisfied that the Applicant has established its
proprietary interest in the alleged property, it must also prove that the
Respondent interfered with the peaceful enjoyment of its right denying its
lawful possession and use. It is the case of the Applicant that sometime in
2016, the Respondent withdrew the Applicants license, changed the keys to
the premises and after that took possession of all its movable and closed down
the schools. Furthermore, the Respondent also transferred the company to a
Turkish company known as Maarif foundation vide a Memorandum of
understanding dated 14th December 2016, thereafter changed the name to
Ecole de l’amitie Nigero-Turque and finally hoisted the Turkish flag in place
of that of the CSP BEDIR
63. The Respondent did not deny this alleged dispossession of the Applicant
and occupation by the Maarif foundation. They only sought to justify their
actions by the Applicant’s violation of the terms of the grant. In addressing
this point, the court aligns with the opinion below;
“The essence of deprivation of property is the extinction of the legal right of
the owner, however, the Court will not only take into account whether there
has been a formal expropriation or transfer of ownership but will investigate
to see whether there has been a de facto expropriation.” (Right to Property
under the European Convention on Human Rights- Human Rights
Handbook no 10.
64. Obviously the notice of withdrawal of the license, the forceful entry and
possession of the property by changing the locks, the eventual transfer of the
enterprise to the Maarif Foundation, the removal of the Bedir flag, the
replacement with that of the Maarif Foundation and the eventual change of
the name of the school is nothing short of a de facto interference. In essence,
21