Wakilii

Kodeih v Republic of Benin (Application No. 006-2020)

African Court on Human and Peoples' Rights · [2020] AfCHPR 54 · 2020 Application 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
Decision
Provisional measures granted; matter to proceed to hearing on the merits

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The African Court on Human and Peoples' Rights granted provisional measures ordering the Republic of Benin to stay any change of ownership of land title No. 14140 in favour of the auctioneer or third party beneficiary pending determination of the merits. The Court found prima facie jurisdiction and determined that the circumstances presented extreme gravity and urgency with risk of irreparable harm because under Benin law a changed land title becomes final and unquestionable.

Outcome

Provisional measures granted; matter to proceed to hearing on the merits

Facts

Ghaby Kodeih, a Benin national and sole proprietor of Hotel, Restaurant and Leisure Company (SHRL), established the company with capital of 120,000,000 CFA Francs to construct a five-star hotel in partnership with Marriott Hotels & Resorts. Financing was to come from the West African Development Bank (BOAD), a banking consortium including Société Générale de Banque (SGB), and Kodeih's personal funds. The banking consortium signed a loan agreement of 11,900,000,000 CFA Francs secured by mortgage over land title No. 14140 covering 1ha 54a 34ca in Cotonou. BOAD cancelled its disbursement when certain conditions dependent on SGB were not met. SGB unilaterally terminated the current account and claimed 14,749,425,008 CFA Francs from SHRL, initiating seizure proceedings. The Cotonou Trade Tribunal rendered judgment No. 14/19/CSI/TTC on 19 December 2019 as a last resort decision. SHRL filed an appeal and requested postponement of the auction scheduled for 30 January 2020. Despite the pending appeal, the appointed Notary conducted the auction on 30 January 2020, adjudicating the property to SGB for 7,000,000,000 CFA Francs. Kodeih filed this application alleging that under Benin Law No. 2017-15 Article 146(1), once the land title is changed to the auctioneer's name it becomes final and unquestionable.

Issues

  1. Whether the Court has prima facie jurisdiction to hear the application for provisional measures.
  2. Whether the circumstances meet the threshold of extreme gravity and urgency to warrant provisional measures.
  3. Whether there is a risk of irreparable harm to the Applicant if the land title is transferred to the auctioneer or a third party.

Orders

  • The Respondent State shall stay any change of ownership of land title No. 14140 volume LXIX folio 149 of Cotonou district in favour of the Auctioneer or any other third-party beneficiary.
  • The Respondent State shall halt any decision to seize the building from the Applicant in implementation of judgment ADD No. 14/19/CSI/TCC of 19 December 2019 pending consideration of the merits.
  • The Respondent State shall report to the Court within fifteen (15) days from the date of reception of this order on measures taken to implement it.

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 have to ensure that it has jurisdiction on the merits of the case, but need only satisfy itself that it has prima facie jurisdiction.
Human Rights — Provisional Measures — Threshold for Grant
The African Court may order provisional measures not only in cases of extreme gravity or urgency or when necessary to avoid irreparable harm, but also in the interest of the parties or of justice.
Land & Property — Land Titles — Finality and Irreparable Harm
Where domestic law provides that a land certificate becomes final and unquestionable once registered, the risk that a disputed property will be transferred to a third party through auction constitutes extreme gravity and urgency warranting provisional measures to prevent irreparable harm.

Legislation cited (9)

  • African Charter on Human and Peoples' Rights Article 7-1(a)
  • African Charter on Human and Peoples' Rights Article 7-1(d)
  • African Charter on Human and Peoples' Rights Article 14
  • Protocol to the African Charter on Human and Peoples' Rights Article 3(1)
  • 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)
  • Law No. 2017-15 of 10 August 2017 Article 146(1)
  • OHADA Uniform Law on the Organisation of Simplified Procedures for Recovery and Execution Article 300

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 v Republic of Benin (Application No. 006-2020) [2020] AfCHPR 54 (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.