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Publications

CCJA: A Judgment Wrongly Considered As Of Last Resort Cannot Justify Referral To CCJA

The Common Court of Justice and Arbitration (CCJA) of the Organization for the Harmonization of Business Law in Africa (OHADA) stated in its Judgment No. 001/2017 of 26 January 2017 the principle that a judgment delivered by a court and wrongly considered as of last resort cannot justify referral to CCJA...

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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...

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CCJA Confirms the Presumption of Liability of Road Carrier

The Common Court of Justice and Arbitration, CCJA, of the Organization for the Harmonization of Business Law in Africa, held that provisions of Sections 16 and following of the Uniform Act related to contracts of carriage of goods by road impose on the carrier a presumption of liability which can only be exempted under the conditions laid down in Sections 17 and following of the same Uniform Act that he must invoke himself...

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CCJA Sets aside application, as an unfamiliar procedure to the CCJA, thus inadmissible before the CCJA

In its judgment No. 029/2017 of 02 March 2017, the CCJA decided that an applicant’s request to set aside a judgment is inadmissible, this procedure being, pursuant to Section 32.2 of the Rules of Procedure, unfamiliar before the CCJA...

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CCJA: Is considered purely factual, the allegation of a party which said to have been ordered to pay the DI which is not one

The 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 must be dismissed the ground of an applicant in cassation which criticizes the judgment of the Court of Appeal to have disregarded the meaning of Section 49 of the AUPRVE in that it sentenced him to damages while the said Court of Appeal did not pronounce condemnation for damages against him, such a ground is unsubstantiated and therefore purely factual...

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CCJA Reaffirms Its Supremacy Over Courts of Cassation of Member States

Is null and void, a judgment delivered by the Supreme Court of a Member State of the Organization for the Harmonization of Business Law in Africa, (“OHADA”), when the incompetence of the latter had previously been raised that the dispute fell within the application of a Uniform Act...

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CCJA: There Is No Conflict When Two Separate Decisions Of The Same Court Contradict Themselves

In its Judgment No. 065/2017 of 30 March 2017, the CCJA has decided that the appeal in cassation based on the inconsistency of grounds noted in two different judgments delivered on two different dates and between the same parties in relation to the same matter, must be dismissed on the ground that the implementation of Section 28 bis of the new Rules of procedure of the CCJA assumes that in the same decision a court has clearly contradicted itself by stating conflicting grounds...

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CCJA: Provisionary Seizure Are Real Enforcement Proceedings

The 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 whereby is unfounded the ground of appeal which criticizes the judgment of the Court of Appeal to have violated Section 28 of the AUPRVE in that the applicant alleges that the provisional seizure are not real enforcement proceedings while the provision referred to lists them among enforcement proceedings...

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CCJA Cannot Evoke If The Decision It Cancels Is Not Served On The Parties Before The National Court

From the moment that the cancellation decision has not been served on all the parties before the national court for the purposes of cassation appeal to the Common Court of Justice and Arbitration, “CCJA,” there is no reason for evocation in accordance with Section 52 of the Rules of Procedures...

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CCJA: The Bailiff Does Not Have Exclusive Powers To Seize The Competent Court In Case Of Difficulty In The Compulsory Execution Of A Title

For the Common Court of Justice and Arbitration, “CCJA”, of the Organization for the Harmonization of Business Law in Africa, “OHADA”, when there are difficulties in the execution of an enforceable title, the initiative to seize the competent court conferred on the bailiff does not prohibit people with interest and quality to act in their own names for the defense of their interests...

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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...

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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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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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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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Registration of a private security company in South Africa

By Fulgence Kalema Bwatunda Currently, the private security industry in South Africa is bigger than what it has ever been. The role of private security companies is distinctively different to that of the police, they view their role as private security to really aid and support the police. The South African government claims that it is an industry that threatens national security and is determined to tighten its regulation. The amount of registered companies has increased by 61% and the amount of registered security officers by 111%. There is also a big involvement of foreign companies investing in the South African security...

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Outline of the new Insurance Code of the DRC

By Pathy Liongo and Alain Kasende In its path to the stabilization of business climate and protection of private investments, the Democratic Republic of the Congo ("DRC") has just completed the reforming process of its insurance sector, one of the basic activities for the economic and social development of the country. This reform is accomplished by the Law No 15/005 of 17 March 2015 on Insurance Code ("Insurance Code"), promulgated by the President of the Republic on 17 March 2015 and recently published in the Official Gazette[1]. This new Insurance Code represents a real revolution in this sector, which has been...

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Congo : The Bill on hydrocarbons Code passed by the cabinet

Antoine Luntadila Kibanga  The Republic of the Congo, (“The Congo «) is an African country, located in Central Africa. It is a member of several regional organizations such as the Economic and Monetary Community of Central Africa ("CEMAC"), the Economic Community of Central African States ("CEEAC"), and the Association of African Petroleum Producers ("APPA"). Its economy is dominated by the oil sector, which represents more than 60 % of the country’s GDP, despite numerous efforts to diversify the country’s sources of income. Twenty years after the enforcement of the hydrocarbons code; it was time for the government, following the assessment of the code thereof,...

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Recent measures on the form of the articles of association and the minimum capital of SARL in the DRC: advantages and weaknesses

The Minister of Justice and Human Rights and the Minister of Finance in the DRC signed jointly in December 30, 2014 theinterdepartmental Order No. 002/CAB/MIN/JGS &DH/014 and No. 243/CAB/MIN/FINANCES/2014 determining the form of the Articles of Association and the minimum capital of a limited liability company. According to this order, the following provisions must henceforth apply to single-member and multi-member SARL: (1) the Articles of Association are established by notarial deed or private agreement (article 1); (2) the share capital is freely set by the shareholders, taking into account the business (article 2); (3) the pay-in slip cleared by a credit or microfinance...

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