ajavon c republique du benin requete n 0272020 2021 afchpr 11 2 decembre 2021

ajavon c republique du benin requete n 0272020 2021 afchpr 11 2 decembre 2021

The Court found that the applicant had not exhausted domestic remedies, as he filed the application only four days after lodging a cassation appeal before the Supreme Court of Benin, and there was no evidence of undue delay or ineffectiveness of that remedy. Therefore, the application was declared inadmissible.

Source-derived case information.

Citation
ajavon c republique du benin requete n 0272020 2021 afchpr 11 2 decembre 2021
Parties
Applicant: Sébastien Germain Marie Aïkoué Ajavon; Respondent: République du Bénin
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2021
Procedural Posture
Human Rights Application / Final Judgment
Outcome
application declared inadmissible
Legal Topics
Right to Fair Trial, Right to Property, Exhaustion of Domestic Remedies, Judicial Independence, Due Process
Source Language
en
Human Rights Law International Law Right to Fair Trial Right to Property Exhaustion of Domestic Remedies Judicial Independence Due Process

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 2 Authorities cited 15 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Sébastien Germain Marie Aïkoué Ajavon

Applicant

République du Bénin

Respondent

Procedural Posture

Human Rights Application / Final Judgment

  1. 1 Whether the applicant exhausted domestic remedies before seizing the African Court
  2. 2 Whether the applicant's rights to a fair trial and property were violated by the respondent state

Ratio Decidendi

The Court found that the applicant had not exhausted domestic remedies, as he filed the application only four days after lodging a cassation appeal before the Supreme Court of Benin, and there was no evidence of undue delay or ineffectiveness of that remedy. Therefore, the application was declared inadmissible.

Court Disposition

application declared inadmissible

Orders

  • Exception of lack of material jurisdiction rejected
  • Court declares itself competent