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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: 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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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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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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May a foreign financial institution act as security interests agent in the DRC

By Arnaud Tshibangu Mukendi[1] Introduction The Democratic Republic of the Congo (the "DRC") has ratified the founding treaty of the Organization for the Harmonization of Business Law in Africa (hereinafter "OHADA[2]") dated July 12, 2012, which entered into force on September 12, 2012. The DRC has become, since then, the seventeenth member state of OHADA[3]. Consequently, all the OHADA Uniform Acts are part of the Congolese law and are directly applicable and binding within its territory without any further legal steps internally[4]. The OHADA Uniform Acts include the revised Uniform Act on security interests (hereinafter “UAS”), adopted on December 15, 2010. The...

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