46 of the Convention on Cooperation in Judicial Matters between the Government
of the French Republic and the Government of the Republic of Senegal of March 29,
1974. This cooperation removes barriers to legal practice as lawyers from both
countries have automatic right to practice in each other’s jurisdiction. The
Applicant’s lawyer being registered in Paris is by implication authorised to practice
in Senegal without further registration with the Bar of Senegal as alleged by the
Respondent.
44. Consequently, the Court dismisses the objection of the Respondent and hold that
the Application is deemed admissible.
MERITS
Alleged violation of the right to property:
45. The Applicant’s bases his case on the violation of his right to property under
Article 14 of the African Charter, due to the unlawful auctioning of his building by
agents of the Respondent. Article 14 of the Charter provides as follows:
“The right to property shall be guaranteed. It may only be encroached
upon in the interest of public need or in the general interest of the
community and in accordance with the provisions of appropriate
laws.”
***
46. In analyzing this provision, which is in pari materia with Article 1 of Protocol
No. 1 to the European Convention on Human Rights, the Court cites the European
Court decision wherein it broke down the required component of the right as follows;
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