noudehouenou v republic of benin application no 0322020 2020 afchpr 7 27 november 2020

noudehouenou v republic of benin application no 0322020 2020 afchpr 7 27 november 2020

The Applicant failed to demonstrate urgency or irreparable harm as required by Article 27(2) of the Protocol; the delay between the domestic judgment and the filing of the Application negates urgency, and the claims are speculative.

Citation
noudehouenou v republic of benin application no 0322020 2020 afchpr 7 27 november 2020
Parties
Applicant: Houngue Éric Noudehouenou; Respondent State: Republic of Benin
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
27 November 2020
Procedural Posture
Application for Provisional Measures / Ruling on Provisional Measures
Outcome
Dismissed
Legal Topics
Right to Property, Equality Before the Law, Equal Protection of the Law, Right to Be Heard, Provisional Measures
Source Language
English

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Parties

Houngue Éric Noudehouenou

Applicant

Republic of Benin

Respondent State

Procedural Posture

Application for Provisional Measures / Ruling on Provisional Measures

  1. 1 Whether the execution of the Cotonou CFI judgment will cause irreparable harm to the Applicant
  2. 2 Whether the Court has prima facie jurisdiction to grant provisional measures
  3. 3 Whether urgency and extreme gravity exist to justify provisional measures

Ratio Decidendi

The Applicant failed to demonstrate urgency or irreparable harm as required by Article 27(2) of the Protocol; the delay between the domestic judgment and the filing of the Application negates urgency, and the claims are speculative.

Court Disposition

Dismissed

Orders

  • Dismisses the Applicant’s request for provisional measures.