[2019] AfCHPR 89
The Court found that both applications were instituted by the same applicant against the same respondent state and concerned the same subject matter. In accordance with Rule 54 of the Rules of Court, which allows for the joinder of interrelated cases where appropriate in fact and in law, the Court determined that a...
Source-derived case information.
- Citation
- [2019] AfCHPR 89
- Parties
- Applicant: XYZ (identified as such after requesting anonymity); Respondent: Republic of Benin
- Court
- African Court on Human and Peoples Rights
- Jurisdiction
- Uganda
- Case Number
- Application No. 021/2019 ; Application No. 022/2019
- Procedural Posture
- Miscellaneous Application / Order for Joinder of Cases
- Outcome
- applications joined and consolidated
- Judges
- Aboud J, Anukam J, Ben Achour J, Bensaoula J, Chizumila J, Eno R, Kioko VP, Matusse J, Mengue J, Mukamulisa J, Orè P
- Legal Topics
- Joinder of Cases, Court Procedure, Pleadings Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
XYZ (identified as such after requesting anonymity)
Applicant
Republic of Benin
Respondent
Procedural Posture
Miscellaneous Application / Order for Joinder of Cases
Legal Issues
- 1 Whether the two applications by the same applicant against the same respondent state concerning the same subject matter should be joined.
- 2 Whether joinder is appropriate in fact and in law under Rule 54 of the Rules of Court.
Ratio Decidendi
The Court found that both applications were instituted by the same applicant against the same respondent state and concerned the same subject matter. In accordance with Rule 54 of the Rules of Court, which allows for the joinder of interrelated cases where appropriate in fact and in law, the Court determined that a joinder was justified. The Court thus ordered the consolidation of the two applications and proceedings, to be henceforth treated as a single matter under the joint title.
Court Disposition
applications joined and consolidated
Orders
- The joinder of the cases and the proceedings in the Applications brought by the Applicant against the Respondent State is ordered.
- The Application 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
44 paragraphs
# THE MATTER OF
•
•
# XYZ
(identified as such after requesting anonymity)
*v.*
REPUBLIC OF BENIN
## APPLICATION No. 021/2019
## AND
# XYZ
(identified as such after requesting anonymity)
*v.*
## REPUBLIC OF BENIN
## APPLICATION No. 022/2019
ORDER
4 JULY 2019
| $\mathbb{R}^2$ | | | |--------------------------------------------------------|--|--| | PHOTOCOPIE CERTFIEE CONFORMER<br><b>CERTIFIED TRID</b> | | | | <b>REGISTRY</b> | | |
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 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. Considering the identity of the Applicant. 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 Applicant against the Respondent State; - ii. That the Application shall henceforth be titled Applications 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