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Cases' Summary

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,”

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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

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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

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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

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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

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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.

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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

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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

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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

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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

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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

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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

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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,

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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

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