ought to have been pasted on the disputed property whereby it will get to the
attention of the owner wherever he resides. The Town Hall is not a site of regular
visit by residents of a town and peradventure the Applicant has no business in the
Town Hall (which turns out to be so) how is he expected to be acquainted with the
notice and prepare for his defence?
102. The Court finds that service on the wall of the Town Hall is not service on the
Applicant. As earlier stated the Court reiterates its concern on the integrity of both
the mortgage and auction processes. The Applicant having not been given prior
notice of the case wherein his interest is implicated, the Court holds that the
Respondent is in violation of the right to fair hearing of the Applicant as guaranteed
in Article 7 of the African Charter and Article 10 of UDHR.
REPARATION.
103.
The Applicant prayed the Court to grant the following remedies and
reparations.
a) To adjudge and declare that Senegal has violated Articles 9, 15 and 91 of its
constitution;
b) To adjudge and declare that Senegal breached Articles 7 and 14 of the African
Charter on Human and Peoples' Rights;
c) To hold that Senegal has violated, Articles 10 and 17 of the Universal
Declaration of Human Rights;
d) To order Senegal to pay the Applicant 80 million FCFA for pecuniary
damages
e) To order Senegal to pay 30 million FCFA as moral damages
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