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Case Summary 009/2023

CCJA Case 009/2023_ Nemo auditur propriam turpitudinem allegans The rule “Nemo Auditur,” translated as the legal maxim “no one can rely on their own wrongdoing,” is a classic principle in civil law. It is respected by the Common Court of Justice and Arbitration (CCJA) in the application of various provisions of OHADA law. On May […]

Case Summary 007/2023

CCJA Case 007/2023_ Only the garnishee, as opposed to a mere third party, can be compelled to pay the causes of garnishment. Believing themselves to be creditors of the Goma spouses, the Koulama heirs initiated a conservatory garnishment with a notary who held funds resulting from the sale of a property owned by their supposed […]

Case Summary 006/2023

Case Summary 006/2023_ The CCJA has no jurisdiction over cases dealing with criminal law The OHADA treaty specifically adresses the question of the juridiction of the Common Court of Justice and Arbitration (CCJA) which the Court must respect, as is exemplified in the present case. In an attempt to recover a debt it claimed to […]

Case Summary 004/2023

CCJA Case 004/2023_ An unilateral termination of a lease before the end of the initially agreed contract can be considered an abusive termination On January 22nd, 2010, La Paix SA and Total Marketing Tchad entered into a professional lease agreement for a duration of 5 years, renewable by tacit agreement. At the beginning of the […]

Case Summary 001/2023

CCJA Case 001/2023_  Banking law is not, at least for now, a subject covered by OHADA law. Like all jurisdictions, the Common Court of Justice and Arbitration (CCJA) must ensure that it has jurisdiction to hear a case and may declare its lack of jurisdiction ex officio. In this case, Ms. Simpara Saran Traore brought […]

Case Summary 046/2022

CCJA Case 046/2022_ One cannot claim the restitution of funds encumbered by a pledge without having previously provided evidence of the removal of this security. The OHADA law deals with bankrupt companies in a comprehensive manner through various Uniform Acts. In the present case, the alleged violations fall under the Uniform Act on Commercial Companies […]

Case Summary 032/2023

CCJA Case 032/2023_The CCJA only hears cases that have been entirelu dealt with by the courts in the States Parties “Anyone who gets impatient has just doubled their waiting time”. The consequences can be much more severe, as this case shows. In this instance, the company LIMAK AIBD SUMMA SA, holding a right of operation, […]

Case Summary 031/2023

CCJA Case Summary 031/2023_ Spelling errors are clerical errors that do not necessarily expose the act to the nullity that is otherwise provided for by the text. The courts are responsible for the application and interpretation of a text according to the spirit in which the legislator had drafted them. The case presented illustrates the […]

Case Summary 030/2023

CCJA Case 030/2023_ Appeals must be filed no later than 2 months and 21 days after the judgment undertaken has been served. Procedure is a fundamental part of the law, particularly with regard to time limits and deadlines. Any failure to fulfil obligations may have significant consequences on substantive law, as this judgment demonstrates. In […]

Case Summary 029/2023

CCJA Case 029/2023_Where it manifestly lacks jurisdiction, the Court need not examine the pleas put forward. The application for review is often used by the parties to circumvent the authority of res judicata. However, few cases manage to successfully argue it and the case beforehand is not an exception. On September 14th, 2020, Total Energies […]

Case Summary 027/2023

CCJA Case 027/2023_The Common Court does not extend its jurisdiction to facts falling within the sovereign appreciation of the trial judges The question of the jurisdiction of the the Common Court of Justice and Arbitration sometimes raises difficulties since the Court refuses to apply its review to the facts falling within the sovereign discretion of […]

Case Summary 024/2023

CCJA Case 024/2023_ A judgment which reasoning does not clearly set out the motive for the decision must be quashed for lack of legal basis Seized of an action for annulment of the judgment of adjudication of a building by forced expropriation brought by Mr. Aboubacar SAMASSEKOU against the Commercial Bank of the Sahel (BCS-SA) […]

Case Summary 026/2023

CCJA Case 026/2023_The distinct legal personality of two entities requires that the judicial formalities be completed for each of them.Some cases are a technical nightmare, others only seem so but truly relate to the simple fundamentals of the law as is  the case here. Considering itself a creditor of the company Mota Engil Engenharia E […]

Case Summary 005/2023

CCJA Case 005/2023_The award decision drawn up by a notary may only be challenged by way of the main action for annulmentProcedural law is considered one of the driest areas of law and yet, unquestionably, one of the most fundamental. Countless trials have been marred by procedural irregularities. This is the case in this instance, […]

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