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
Case Brief
Summary, issues, holding and outcome
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Parties
Houngue Éric Noudehouenou
Applicant
Republic of Benin
Respondent State
Procedural Posture
Application for Provisional Measures / Ruling on Provisional Measures
Legal Issues
- 1 Whether the execution of the Cotonou CFI judgment will cause irreparable harm to the Applicant
- 2 Whether the Court has prima facie jurisdiction to grant provisional measures
- 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.
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