80. This allegation has not been controverted by the Respondent, therefore it is taken as established. One of the basic principles of justice is Audi alteram partem, a Latin phrase meaning "listen to the other side", or "let the other side be heard as well". It is the principle that no person should be judged without a fair hearing in which each party is given the opportunity to respond to the evidence against them. Even if there was non-compliance as alleged by the Respondent, fair hearing requires that the party involved be given the opportunity to be heard and to defend himself or actions. In MOHAMMED EL TAYYIBAH V. REPUBLIC OF SIERRA LEONE,ECW/CCJ/JUD/11/15@pg.11, the Court held that: “An individual should not be penalized by decisions affecting his rights or legitimate expectations without being given prior notice of the case, a fair opportunity to answer and/or the opportunity to present their own case. The fact that a decision affects rights or interests of a person is sufficient to subject the decision to procedures required by natural justice”. 81. Clearly the action of the Respondent is not only arbitrary but in breach of the right to fair hearing which is a right under the Charter to which the Respondent is a signatory. This action is clothed with arbitrariness which falls short of due process. The court therefore finds that the failure of the Respondent to transmit the report of the inspection which is the basis of the withdrawal of the Applicant’s license being in violation of Article 28 of Decree1996 is not in accordance with the Law. The Court therefore holds that the Respondent violated the right to property of the Applicant contrary to Articles 14 of the Charter and 17 of the UDHR. 82. On another note, the Applicant annexed to its pleadings exhibit 12 - a Memorandum of Understanding (MOU) signed on the 14th of December 2016 between the Maarif Foundation of Turkey (hereinafter referred to as The Foundation) and the Respondent wherein the Respondent undertook to yield all the Applicant’s schools in Niamey to The Foundation. A careful reading of the MOU disclose the fact that prior to the signing of the Memorandum, the Government of Turkey in anticipation of the taking over the said schools, had long signed a national law towards that purpose. The 27