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Litigation & Disputes

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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Entry into force of 1958 New York Convention in DRC

By Antoine Luntadila Kibanga The UN Convention on the Recognition and Enforcement of Arbitral Awards signed in New York on June 10, 1958, (« The New York Convention »), has been ratified in Democratic Republic of the Congo ("DRC") through Law No 13/023 dated June 26, 2013 authorizing the accession of DRC to the Convention in accordance with article 215 of the Constitution[1]. In compliance with article 12.2 of the New York Convention, its coming into force with regard to DRC, acceding State, had to be effective within ninety (90) days after the submission of instruments of accession or ratification by DRC....

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Accession of the DRC to the New York Convention on arbitration

Emery Mukendi Wafwana and Jonathan van .  After its adoption by the National Assembly and the Senate of the Democratic Republic of the Congo ("DRC"), the President of the Republic promulgated on June 26, 2013 the Law No. 13/023 authorizing the accession of the DRC to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards signed in New York, on June 10, 1958 (the "Convention"). This Law is based on Articles 213 al. 1 and 214 al. 1 of the Constitution authorizing the President of the Republic to sign and ratify the Convention. However, the Law authorizes the accession of...

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