xyz v republic of benin application no 0212019 application no 0222019 2019 afchpr 89 4 july 2019
Joinder is appropriate in fact and in law due to identity of Applicant, Respondent State, and subject matter.
Source-derived case information.
- Citation
- xyz v republic of benin application no 0212019 application no 0222019 2019 afchpr 89 4 july 2019
- Parties
- Applicant: XYZ; Respondent: Republic of Benin
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 4 July 2019
- Procedural Posture
- Application / Order for Joinder
- Outcome
- Joinder of cases ordered
- Legal Topics
- Joinder of Cases, Anonymity, Procedural Law
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
XYZ
Applicant
Republic of Benin
Respondent
Procedural Posture
Application / Order for Joinder
Legal Issues
- 1 Whether the two applications should be joined due to identity of parties and subject matter
Ratio Decidendi
Joinder is appropriate in fact and in law due to identity of Applicant, Respondent State, and subject matter.
Court Disposition
Joinder of cases ordered
Orders
- The cases and proceedings in Applications 021/2019 and 022/2019 are joined.
- The applications shall henceforth be titled Applications 021/2019 and 022/2019 - XYZ (identified as such after requesting anonymity) v. Republic of Benin.
Full Case Text
Judgment text and source record
1 paragraphs
000 89 AFRICAN UNION UNION AFRICAINE UNIAo AFRICANA AFRICAN COURT ON HUMAN AND PEOPLES' RIGHTS COUR AFRICAINE DES DROfTS DE L'HOMME ET DES PEUPLES • THE MATTER OF XYZ (ident ified as such after request ing anonym ity) v. REPUBLIC OF BENIN APPLICATION No. 021/2019 AND • XYZ (identified as such after requesting anonym ity) v. REPUBLIC OF BENIN APPLICATION No. 022/2019 ORDER 4 JULY 2019 C0038b ... The Court composed of: Sylvain ORE, President, Ben KIOKO , Vice-President; Rataa BEN ACHOUR , Angelo V. MATUSSE, Suzanne MENGUE, M-Therese MUKAMULlSA, Tujilane R. CHIZUMILA, Chafika BENSAOULA, Blaise CHIKAYA, Stella I. ANUKAM , Imani D. ABOUD - Judges ; and Robert ENO, Registrar. In the matter of: XYZ (identified as such after requesting anonymity) v. REPUBLIC 'OF BENIN • AND XYZ (identified as such after requesting anonymity) v. REPUBLIC OF BENIN After deliberation, issues the following Order: • 1. Having regard to the Application dated 13 May 2019 , received at the Registry of the Court on the same date , by which XYZ (hereinafter referred to as "the Applicant") instituted proceedings against the Republic of Benin (hereinafter referred to as "the Respondent State"); 2. Having regard to the Application dated 27 May 2019 , received at the Registry on the same date, by which the same Applicant, XYZ instituted a second proceeding against "the Respondent State "; 3. Considering Rule 54 of the Rules of Court which provides that: "the Court may at any stage of the pleadings either on its volition or in response to an 1 • application by any of the parties, order the joinder of interrelated cases and pleadings where it deems it appropriate, both in fact and in law" ; 4. Cons idering the identity of the Appl icant. the Respondent State and the subject matter of the Applications in both cases ; 5. Considering that a joinder of the cases is appropriate in fact and in law; OPERATIVE PART For these reasons , • The Court unanimously, orders: i. The joinder of the cases and the proceedings in the Applications brought by the App licant against the Respondent State ; ii. That the App lication shall henceforth be titled App lications 02 1/2019 and 022/2019- XYZ (identified as such after requesting anonymity) v. Republic of Benin. • Done at Arusha , this Twentieth Day of the month of June in the year Two Thousand and Nineteen, in English and French , the French text being authoritative . Signed Sylvain ORE, President Robert ENO, Registrar 2