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Blog Cabemery

Impact of the amendment of the Legal Guarantee of Stability in respect of Existing Mining Projects in the DRC

The Government of the Democratic Republic of Congo (DRC) commenced the review process in respect of its Act No. 007/2002 of 11 July 2002 on Mining Code (Mining Code) in 2012. The process eventually culminated in the promulgation by the President of the Republic of the act amending the Mining Code (“Amending Act”)[2]. As promulgated, the Amending Act contains provisions which considerably affect the fiscal, customs and exchange regimes of the Mining Code and a number of critical provisions for the protection of existing mining Projects, in particular, Article 276 related to the Guarantee of Stability (“Legal Guarantee of Stability”)[3]. In this analysis, we will first...

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CCJA Quashes the Judgment of a Court of Appeal that Failed to Review the Cross-Appeal

Judgment No 126/2017 of 18 May 2017, delivered by the Common Court of Justice and Arbitration (CCJA) of the Organization for the Harmonization of Business Law in Africa (OHADA), stated the principle that  judgment of the Court of Appeal which ruled only on the application of the appellant and failed to review the head of claim of the appellant on the increase of the penalty payment must be quashed...

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CCJA: The sale of a building that occurred during the statements and observations proceedings should be canceled

The Common Court of Justice and Arbitration, “CCJA” of the Organization for the Harmonization of Business Law in Africa (OHADA) held that it does not infringe Section 313 of the Uniform Act Organizing Simplified Recovery Procedures and Measures of Execution, the judgment holding that the 15-day period provided for by law to seek the nullity of the award can no longer be required in cases of illegal or fraudulent sale or when  the statements and observations proceedings are still pending in court… Read More...

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CCJA: Inadmissibility of an Application Effected without Mandate by a Lawyer Being the Chosen Domicilium Citandi et Executandi 

Judgment  No 110/2017 delivered on 11 May 2017 by the Common Court of Justice and Arbitration, CCJA, of the Organization for the Harmonization of Business Law in Africa, states  the principle of inadmissibility of an appeal for arbitral award review  undertaken by the appellant  whereas the appeal was solely  signed by the Lawyer being the chosen  domicilium citandi et executandi for the purpose of the arbitral proceedings and not by lawyers holding special mandate of representation… Read More...

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OHADA Bar Association: Shaky Victory of African Lawyers and Bar Associations

The initiative of setting up an association of lawyers performing at the Common Court of Justice and Arbitration (CCJA), OHADA Bar Association, was brought specially by the Paris Bar in the early June 2015. It was criticized by French speaking African lawyers and Bar Associations from member States of the Organization for the Harmonization of Business Law in Africa (OHADA)… Read More...

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OHADA: Various Remedies Against an Arbitral Award

The African legislator uses the word “arbitration” without defining it. Commonly, it is considered as private method of the dispute settlement based on the Agreement of the Parties.Thus, arbitration is considered by some authors as conventional justice. Arbitration is a dispute settlement procedure by a private person, called an arbitrator, who is vested with the power to judge by the Parties. It is predominantly used for the settlement of disputes arising from complex international contracts… Read More...

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CCJA: Against an Adjudication Judgment, Opposition by Third Party Is Inadmissible

The Common Court of Justice and Arbitration (CCJA) decided, pursuant to the provisions of Section 293 and 313 of the Uniform Act on simplified recovery procedures and measures of execution, that the third-party opposition against a judgment of adjudication is inadmissible… Read More...

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Participation, Protection and Compensation for Victims by the ICC

The present study focuses on the protection, participation and compensation for victims of serious crimes of concern to the international community as a whole by the International Criminal Court (ICC). It should be noted first of all that the ICC was created primarily to punish and deter the perpetrators of serious crimes of concern to the international community as a whole and not to compensate victims. The repair is not a prerequisite for the realization of the punishment of crimes and it is not necessary for the purpose of justice that determined the creation of the court. Thus, repair and sanctions appear to be two...

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CCJA: The Secretary General of a Limited Company Is Not Entitled  to Issue a Mandate for Representation to a Lawyer

CCJA has held in the Judgment No. 086/2017 of 27 April 2017 of the Common Court of Justice and Arbitration (CCJA) of the Organization for the Harmonization of Business Law in Africa (OHADA), in the case opposing MTN Côte d’Ivoire to Oricel SA called Green-CI that the Secretary General of a limited company is not qualified to deliver a mandate for representation to a lawyer… Read More...

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CCJA: Is inadmissible, the appeal of a convicted third party that has neither lodged a main appeal nor a cross appeal and without defense in the appeal

In its Judgment No. 009/2017 delivered on 23 February 2017, the Common Court of Justice and Arbitration (CCJA) of the Organization for the Harmonization of Business Law in Africa (OHADA) has just stated the principle that  is inadmissible, the appeal of an applicant who criticizes the judgment of a Court of appeal upholding the order for payment of the causes of the seizure, but has not lodged a main appeal against the said order, much less lodged a cross appeal nor submitted a defense before the Court of Appeal. Since no sentence has been pronounced against him because he is not a...

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CCJA : An action for the annulment of an arbitration award is acceptable from the date it is served or in the month it is served with an executor

In its judgment No. 034/2017 of March 9, 2017, the Common Court of Justice and Arbitration (CCJA) of the Organization for the Harmonization in Africa of Business Law (OHADA) has confirmed the provisions of Section 27 of the Uniform Act relating to the Law of Arbitration which provides that an action for annulment of an arbitration award is to be declared acceptable if it is brought as soon as the said award is made. It cannot be received if it has not been exercised upon it being served or within the month of it is served with an executor… Read More...

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CCJA: The lessor must pay to the lessee a compensation for eviction if the premises rebuilt are of a different use from that of the premises subjected to the lease

The CCJA decided in its judgment No. 030/2017 of March 02, 2017 that the lessor must pay to the lessee a compensation for eviction provided for in Section 126 of the Uniform Act on general commercial law if the premises rebuilt have are of a different use from that of the premise subjected to lease, or if a lease is not offered to the lessee over the new premises… Read More...

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Swaziland: To apply for condonation, the reasons for delay must be explained

In its judgment No.20/2013 delivered on 25th October 2017, the Supreme Court of Swaziland affirmed that once you are obliged to apply for condonation, it is trite that the reasons for delay must be adequately explained and equally importantly, to demonstrate to the decision maker that you have at least a reasonable chance or prospect of success in the matter at hand… Read More...

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CCJA Dismissed the Appeal of Côte d’Ivoire Télécom Company for Foreclosure

In its Judgment No. 124/2017 of 18 May 2017, in the case that opposed Côte d’Ivoire Télécom company to Intel Afrique company, the Common Court of Justice and Arbitration (CCJA) of the Organization for the Harmonization of Business Law in Africa (OHADA) has confirmed the judgment of the Court of Appeal dismissing the injunction request to pay introduced eight (8) years after issuing the enforcement orders… Read More...

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Emery Mukendi Wafwana admitted as an Advocate to the DRC Supreme Court of Justice

Following Decision n° 04/CO/BCSJ/ADM/16 of 8th April 2016 of the Bar Council of the Supreme Court of Justice, Counsel Emery Mukendi Wafwana was admitted to and registered with the Roll of Advocates of the Supreme Court of Justice. On this 22nd April 2016, he was sworn in at the Supreme Court of Justice. Counsel Emery Mukendi Wafwana’s admission to the Supreme Court enhances our firm’s ability to better represent clients in legal cassation proceedings as regards private law (civil, criminal, commercial) as well as in special proceedings in the Court of Cassation, to wit: actions against judges, referral of matters to appropriate...

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Upio Kakura Wapol, certified Doctor at law

Before a panel of eminent professors of the Law Faculty of the University of Kinshasa, formerly known as Louvanium, namely Professor Marie-Thérèse Kenge NgombaTshilombayi, Dean of the Law Faculty and chairperson of the panel, Roger Kola Gonze, Grégoire Bakandejawa Mpungu, Jean-Michel Kumbuki Ngimbi, Victor Mboyo Empengeea Longila, Gustave Beya Siku and Jean-Paul Shotsha Katshunga., Counsel Upio Kakura Wapol submitted his doctoral dissertation on « The legal system of commercial airports – Input to the study of Congolese airport law » dated 2 march 2016. Following a brilliant defence of his thesis, and after deliberation, the panel officially recognised him as Doctor at...

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