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CCJA: A Provisional Remedy Not Reported Within Eight Days Should Be Declared Null And Void

Emery Mukendi Wafwana & Associates > Blog Cabemery  > CCJA: A Provisional Remedy Not Reported Within Eight Days Should Be Declared Null And Void

CCJA: A Provisional Remedy Not Reported Within Eight Days Should Be Declared Null And Void

Judgment No. 005/2017 of 26 January 2017 of the Common Court of Justice and Arbitration (CCJA) of the Organization for the Harmonization of Business Law in Africa (OHADA) contains the principle that, it is unfounded the ground of an applicant in cassation which criticizes the judgment of the Court of appeal to have confirmed the lapse of the provisional remedy in that it has referred neither to copies of promissory notes on the basis of which the seizure was practiced nor denounced the said writ within eight days as required by Article 79 of the AUPSRVE… Read More

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