ajavon v republic of benin appltcation no 0272020 2020 afchpr 6 27 november 2020

ajavon v republic of benin appltcation no 0272020 2020 afchpr 6 27 november 2020

The Court found that the applicant's appeal in cassation has a suspensive effect, preventing execution of the impugned judgments until the Supreme Court rules. Therefore, the request for provisional measures lacks urgency and risk of irreparable harm, and is baseless.

Citation
ajavon v republic of benin appltcation no 0272020 2020 afchpr 6 27 november 2020
Parties
Applicant: Sebastien Germain Marie Aikoue Ajavon; 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
Application for provisional measures dismissed
Legal Topics
Provisional Measures, Right to Fair Trial, Right to Property, Right to Adequate Housing, Jurisdiction of the African Court
Source Language
English
Human Rights Law Criminal Law Provisional Measures Right to Fair Trial Right to Property Right to Adequate Housing Jurisdiction of the African Court

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Parties

Sebastien Germain Marie Aikoue Ajavon

Applicant

Republic of Benin

Respondent State

Procedural Posture

Application for Provisional Measures / Ruling on Provisional Measures

Legal Issues

  1. 1 Whether the Court has prima facie jurisdiction to hear the application
  2. 2 Whether the requirements for granting provisional measures are met
  3. 3 Whether there is urgency and risk of irreparable harm justifying provisional measures

Ratio Decidendi

The Court found that the applicant's appeal in cassation has a suspensive effect, preventing execution of the impugned judgments until the Supreme Court rules. Therefore, the request for provisional measures lacks urgency and risk of irreparable harm, and is baseless.

Court Disposition

Application for provisional measures dismissed

Orders

  • Dismisses the Applicant's request for provisional measures