sidiki and others v cote divoire application 47 of 2019 application 51 of 2019 application 53 of 2019 joint application 28 of 2019 joint application 30 of 2019 jo
The applications concern similar facts, alleged violations, and measures requested against the same respondent state, justifying joinder for proper administration of justice under Rule 54.
Source-derived case information.
- Citation
- sidiki and others v cote divoire application 47 of 2019 application 51 of 2019 application 53 of 2019 joint application 28 of 2019 joint application 30 of 2019 jo
- Parties
- Applicant: Diomande Aboubakar Sidiki; Applicant: Traore Aboulaye; Applicant: Adae Tano Alain Christian; Applicant: Fea Charles and Others; Respondent: Republic of Côte d'Ivoire
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 1 January 2019
- Procedural Posture
- Human Rights Application / Order for Joinder of Cases
- Outcome
- applications joined
- Legal Topics
- Joinder of Cases, Consolidation of Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Diomande Aboubakar Sidiki
Applicant
Traore Aboulaye
Applicant
Adae Tano Alain Christian
Applicant
Fea Charles and Others
Applicant
Republic of Côte d'Ivoire
Respondent
Procedural Posture
Human Rights Application / Order for Joinder of Cases
Legal Issues
- 1 Whether the applications should be joined due to similarity of facts, alleged violations, and respondent.
Ratio Decidendi
The applications concern similar facts, alleged violations, and measures requested against the same respondent state, justifying joinder for proper administration of justice under Rule 54.
Court Disposition
applications joined
Orders
- Joinder of cases and pleadings in Applications No. 047/2019, 051/2019, 053/2019 with Consolidated Applications Nos. 028/2019, 030/2019, 031/2019, 033/2019.
- Applications henceforth referred to as Consolidated Applications Nos. 028/2019, 030/2019, 031/2019, 033/2019, 047/2019, 051/2019 and 053/2019 - Fea Charles and Others v. Republic of Côte d'Ivoire.
Full Case Text
Judgment text and source record
1 paragraphs
AFRICAN UNION UNION AFRICAINE UNIÃO AFRICANA AFRICAN COURT ON HUMAN AND PEOPLES’ RIGHTS COUR AFRICAINE DES DROITS DE L’HOMME ET DES PEUPLES MATTERS OF 1. DIOMANDE ABOUBAKAR SIDIKI V. REPUBLIC OF COTE D’IVOIRE APPLICATION No. 047/2019 AND 2. TRAORE ABOULAYE V. REPUBLIC OF COTE D’IVOIRE APPLICATION No. 051/2019 AND 3. ADAE TANO ALAIN CHRISTIAN V. REPUBLIC OF COTE D’IVOIRE APPLICATION No. 053/2019 AND 4. JOINT APPLICATION No. 028/2019, 030/2019, 031/2019, 033/2019- FEA CHARLES AND OTHERS V. REPUBLIC OF COTE D’IVOIRE ORDER FOR JOINDER OF CASES 2 DECEMBER 2019 The Court composed of: Ben KIOKO, Vice President, Rafaâ BEN ACHOUR, Angelo V. MATUSSE, Suzanne MENGUE, M-Thérèse MUKAMULISA, Tujilane R. CHIZUMILA, Chafika BENSAOULA, Blaise TCHIKAYA, Stella I. ANUKAM, Imani D. ABOUD, Judges; and Robert ENO, Registrar. Pursuant to article 22 of the Protocol on the African Charter on Human and Peoples’ Rights on the establishment of the African Court on Human and Peoples’ Rights (hereafter referred to as the “Protocol”) and Rule 8(2) of the Rules of Court (hereafter referred to as the “Rules”) Judge Sylvain ORE of Ivorian nationality did not hear the case. In the matters: DIOMANDE ABOUBAKAR SIDIKI v. REPUBLIC OF COTE D’IVOIRE APPLICATION No. 047/2019 AND TRAORE ABOULAYE v. REPUBLIC OF COTE D’IVOIRE APPLICATION No. 051/2019 AND ADAE TANO ALAIN CHRISTIAN v. COTE D’IVOIRE APPLICATION No. 053/2019 AND JOINT APPLICATION NO. 028/2019, 030/2019, 031/2019, 033/2019 – FEA CHARLES AND OTHERS V. REPUBLIC OF CÔTE D'IVOIRE 2|Page After deliberations, Makes the following order : 1. Considering the Application dated 16 September 2019, received at the Registry of the Court on 2 October 2019, from Diomande Aboubakar Sidiki (hereinafter referred to as the "Applicant") against the Republic of Côte d'Ivoire (hereinafter referred to as "the Respondent State") and registered as Application No. 047/2019 2. Considering the Application dated 16 September 2019, received at the Registry of the Court on 11 October 2019, from Traore Aboulaye (hereinafter referred to as the "Applicant") against the Republic of Côte d'Ivoire (hereinafter referred to as " the respondent State") and registered as Application No. 051/2019; 3. Considering the Application dated 16 September 2019, received at the Registry of the Court on 11 October 2019, from Adae Tano Alain Christian (hereinafter referred to as the "Applicant") against the Republic of Côte d'Ivoire (hereinafter referred to as "the respondent State") and registered as Application No. 053/2019; 4. Considering the joinder of cases and pleadings in Applications Nos. 028/2019, 030/2019, 031/2019 and 033/2019, - Fea Charles and others v. Republic of Côte d'Ivoire made by the Court by an Order of 26 September 2019; 5. Considering Rule 54 of the Rules which provides that " the Court may at any stage of the pleadings either on its own volition or in response to an application by any of the parties, order the joinder of interrelated cases and pleadings where it deems it appropriate, both in fact and in law.” 6. Considering that the facts in support of the Applications referenced above, the alleged violations and the measures requested are similar, the Respondent State being the same and for the same reasons as those which justified the joinder of proceedings concerning Applications Nos. 028/2019, 030/2019, 031/2019, 033/2019, Fea Charles and Others v. Republic of Côte d'Ivoire; 7. As a consequence of the above, , the joinder of cases and pleadings in relation to the above-referenced Applications is appropriate in fact and in law and for the proper administration of justice, in accordance with Rule 54 of the Rules; 3|Page OPERATIVE PART For these reasons, The Court, Unanimously Orders: i. The joinder of cases and pleadings in Applications No. 047/2019 Diomande Aboubakar Sidiki v. Republic of Côte d'Ivoire, No. 051/2019 Traore Aboulaye v. Republic of Côte d'Ivoire and No. 053/2019 Adae Tano Alain Christian v. Republic of Côte d'Ivoire with those in Consolidated Applications Nos. 028/2019, 030/2019, 031/2019, 033/2019, Fea Charles and Others v. Republic of Côte d'Ivoire; ii. That henceforth the Applications be referred to as "Consolidated Applications Nos. 028/2019, 030/2019, 031/2019, 033/2019, 047/2019, 051/2019 and 053 / 2019 - Fea Charles and Others v. Republic of Côte d'Ivoire.” iii. That consequent upon the joinder, this Order and the pleadings related to the above referred matters shall be served on all the Parties. Signed Ben KIOKO, Vice President; Robert ENO, Registrar. Done at Zanzibar, this Second Day of December Twenty Nineteen in English and in French, the French text being authoritative. 4|Page