kodeih v republic of benin application no 0062020 2021 afchpr 25 30 september 2021

kodeih v republic of benin application no 0062020 2021 afchpr 25 30 september 2021

The application was declared inadmissible because the Applicant failed to exhaust local remedies, specifically by not awaiting the outcome of the cassation appeal before the CCJA, which is considered an ordinary, local, and effective remedy under the applicable legal framework.

Citation
kodeih v republic of benin application no 0062020 2021 afchpr 25 30 september 2021
Parties
Applicant: Ghaby Kodeih; Respondent State: Republic of Benin
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
30 September 2021
Procedural Posture
Application / Ruling on Jurisdiction and Admissibility
Outcome
Application inadmissible for non-exhaustion of local remedies.
Legal Topics
Right to Fair Trial, Right to Property, Exhaustion of Local Remedies, Jurisdiction of Regional Courts
Source Language
English
Human Rights Law Civil Procedure Right to Fair Trial Right to Property Exhaustion of Local Remedies Jurisdiction of Regional Courts

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Parties

Ghaby Kodeih

Applicant

Republic of Benin

Respondent State

Procedural Posture

Application / Ruling on Jurisdiction and Admissibility

Legal Issues

  1. 1 Whether the African Court has jurisdiction over the application
  2. 2 Whether the application is admissible in light of the exhaustion of local remedies requirement

Ratio Decidendi

The application was declared inadmissible because the Applicant failed to exhaust local remedies, specifically by not awaiting the outcome of the cassation appeal before the CCJA, which is considered an ordinary, local, and effective remedy under the applicable legal framework.

Court Disposition

Application inadmissible for non-exhaustion of local remedies.

Orders

  • Dismisses the objection to its jurisdiction; declares that it has jurisdiction.
  • Upholds the objection based on non-exhaustion of local remedies; declares the application inadmissible.