Wakilii

Kodeih and Another v Republic of Benin (Application No. 008-2020)

African Court on Human and Peoples' Rights · [2020] AfCHPR 55 · 2020 Provisional Measures Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for provisional measures before the African Court on Human and Peoples' Rights following a domestic court judgment ordering demolition of a building
Decision
Provisional measures granted; execution of demolition order stayed pending determination of merits

Observed later treatment

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Holding

The African Court on Human and Peoples' Rights held that it has prima facie jurisdiction to hear the application and that the demolition of an eight-floor building constitutes extreme gravity and would cause irreparable harm to the applicants who invested substantial funds without prospect of compensation. The Court ordered the Republic of Benin to stay execution of the domestic court judgment ordering demolition pending determination of the merits.

Outcome

Provisional measures granted; execution of demolition order stayed pending determination of merits

Facts

The applicants, Ghaby Kodeih and Nabih Kodeih, obtained a building permit in 2015 for a four-floor hotel in Cotonou, Benin. The project was modified to an eight-floor building and construction proceeded with technical compliance confirmed by laboratory reports. An updated building permit was issued in 2017. In June 2019, the Council of Cotonou conducted a technical compliance check and found irregularities. On 27 September 2019, the First Class Court of First Instance of Cotonou found the applicants guilty of non-compliance with the building permit, levied a fine of 500,000 CFA Francs, and ordered demolition of the building. The applicants contend they received no prior warning to comply with existing measures and that the building permit was never formally annulled before the criminal proceedings.

Issues

  1. Whether the African Court has prima facie jurisdiction to hear the application for provisional measures.
  2. Whether the circumstances constitute extreme gravity and urgency justifying provisional measures.
  3. Whether the demolition of the applicants' building would cause irreparable harm warranting a stay of execution.

Orders

  • The Respondent State shall stay the execution of judgement No. 044/3è CD rendered on 27 September 2019 by the First Class Court of First Instance of Cotonou which ordered the demolition of the building pending consideration of the merits of the case by this Court.
  • The Respondent State shall report to the Court within fifteen (15) days as from the date of receipt of this Order, on measures taken to implement the Order.

Rules and key headnotes

Human Rights — Provisional Measures — Prima Facie Jurisdiction
When seized of an application for provisional measures, the African Court on Human and Peoples' Rights does not need to ensure that it has jurisdiction on the merits of the case but simply has to ensure that it has prima facie jurisdiction.
Human Rights — Provisional Measures — Conditions for Grant
The African Court may issue provisional measures only where the basic conditions required have been met, notably extreme gravity or urgency and the prevention of irreparable harm to persons, and such measures are of a preventive nature and do not prejudge the merits of the application.
Land & Property — Demolition Orders — Irreparable Harm
The demolition of a building constitutes an extremely radical decision that will cause irreparable harm to property owners who invested substantial sums in construction, particularly where they will not be paid any compensation if the judgment is implemented.

Legislation cited (8)

  • African Charter on Human and Peoples' Rights Article 7
  • African Charter on Human and Peoples' Rights Article 14
  • Protocol to the African Charter on Human and Peoples' Rights Article 3
  • Protocol to the African Charter on Human and Peoples' Rights Article 5(3)
  • Protocol to the African Charter on Human and Peoples' Rights Article 27(2)
  • Protocol to the African Charter on Human and Peoples' Rights Article 34(6)
  • Decree No. 2014-205 of 13 March 2014 Article 49
  • Decree No. 2014-205 of 13 March 2014 Article 51

Cases cited (3)

  • Lohé Issa Konaté v Burkina Faso (Application No. 004/2013)
  • Armand Guéhi v Republic of Tanzania (Application No. 001/2015)
  • Komi Koutché v Republic of Benin (Application No. 020/2019)

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Kodeih and Another v Republic of Benin (Application No. 008-2020) [2020] AfCHPR 55 (28 February 2020)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.