authoristion. The Court therefore holds that the Applicant is entitled to the
amount claim in the sum of five hundred and seventeen million, five hundred
and seventy-seven thousand five hundred CFA Francs (517,577,500 CFA F)
as compensation for the furniture installed in the schools.
108. With regards to the claim for all damages caused by the Respondent,
in the sum of Twenty Four Billion, Three Hundred and Five Million, Thirty
Three Thousand, Nine Hundred and Eighty Two CFA Francs (CFA 24, 305,
033,982) CFA F same been unsubstantiated with any particulars is hereby
dismissed.
109. With regards to the claim of 250,000,000 CFA Franc for irrecoverable
expenses not included in the cost, the Applicant has not explained the basis
and justification of this cost and the Court is unable to determine what this
head of claim entails to make an informed award. Same been unsubstantiated
is hereby dismissed
110. With regards to the claim of eighteen billion CFA Francs
(18,000,000,000 CFA F), the Applicant alleged that it suffered pain and
suffering and urged the Court to award moral damages and loss of earnings as
a result of the closure of the schools in the middle of the academic year.
111. The Court notes that the Applicant is a person recognised by law by
virtue of which it is endued with certain rights enjoyed also by a human person
and for which it can claim damages for their violation. These are rights that
are fundamental and necessary for the existence of a legal person and include
the right to property, right to fair trial, right to freedom of expression whose
protection is guaranteed by several international human rights instruments.
112. Moral damages represent compensation awarded for the anguish, pain
and suffering caused to direct and indirect victims of human rights violations.
However a claim for moral damages by an Applicant, anticipates that the
infringement of the right has an impact on the emotions of the holder of such
right. Pain and suffering are emotions precipitated by actions that cause
distress and anguish; emotions that are clearly uncharacteristic of a legal
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