Wakilii

Noudehouenou v Republic of Benin (Application No. 032-2020)

African Court on Human and Peoples' Rights · [2021] AfCHPR 63 · 2021 Application Partly Allowed 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 seeking stay of execution of a domestic court judgment
Decision
Stay of execution granted for domestic court judgment; other provisional measures dismissed

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 held that it has prima facie jurisdiction despite Benin's withdrawal of its Article 34(6) declaration, as the withdrawal has no retroactive effect on pending cases. The Court ordered a stay of execution of the domestic court judgment, finding that the requirements of extreme gravity, urgency, and irreparable harm were met. The Court dismissed the requests for removal of obstacles to evidence and for legal aid.

Outcome

Stay of execution granted for domestic court judgment; other provisional measures dismissed

Facts

The Applicant, a national of Benin, voluntarily intervened in civil proceedings before the Cotonou Court of First Instance. On 5 June 2018, that court rendered a judgment without his knowledge in a case concerning land ownership. The judgment affected his property rights and dismissed his application. The Applicant was never notified of the judgment. He only obtained a copy of the certificate of non-appeal and non-opposition and an order authorizing sale of the building on 1 June 2021, after a third party initiated proceedings. The judgment had become enforceable and an authorization of sale was issued on 24 February 2020. The Applicant brought this application for provisional measures before the African Court, seeking to stay execution of the domestic judgment and to remove obstacles to obtaining documents necessary for his defence.

Issues

  1. Whether the Court has prima facie jurisdiction to hear the application for provisional measures given the Respondent State's withdrawal of its declaration under Article 34(6) of the Protocol.
  2. Whether the Court should order the Respondent State to remove obstacles to the Applicant's exercise of the right to evidence and access to documents.
  3. Whether the Court should order a stay of execution of the Cotonou Court of First Instance judgment of 5 June 2018.
  4. Whether the Applicant should be granted legal aid from the Court's legal aid fund.

Orders

  • Dismisses the measure seeking to remove the hindrances to the exercise of the right of evidence and to ensure the enjoyment of the right to search for, obtain and produce all documents necessary for the exercise of the rights of appeal and defence in the proceedings concerning the Applicant before this Court.
  • Dismisses the request for legal aid.
  • Orders the stay of execution of the Cotonou Court of First Instance Judgment of 5 June 2018.
  • Orders the Respondent State to report to the Court on the implementation of the measure ordered within fifteen (15) days of notification of this Ruling.

Rules and key headnotes

Human Rights — Jurisdiction — Withdrawal of Declaration under Article 34(6) — Retroactive Effect
The withdrawal of a declaration filed pursuant to Article 34(6) of the Protocol to the African Charter on Human and Peoples' Rights has no retroactive effect and has no bearing on pending cases and new cases filed before the withdrawal comes into effect.
Civil Procedure — Provisional Measures — Prima Facie Jurisdiction
In matters of provisional measures, the Court need not be satisfied that it has jurisdiction on the merits of the case but merely that it has prima facie jurisdiction.
Civil Procedure — Provisional Measures — Requirements for Grant
Provisional measures may be granted under Article 27(2) of the Protocol where there is extreme gravity or urgency and irreparable harm, which are cumulative conditions such that where one is absent, the measure requested cannot be ordered.
Civil Procedure — Provisional Measures — Urgency and Irreparable Harm
Urgency means an irreparable and imminent risk that irreparable harm will be caused before the Court renders its final judgment; the risk must be real, not purely hypothetical, and there must be a reasonable probability of occurrence having regard to the context and the applicant's personal situation.
Civil Procedure — Provisional Measures — Scope of Application
An application for provisional measures is necessarily made in the context of a specific procedure on the merits to which it is attached, and therefore cannot be general in nature and extend to other procedures on the merits.
Civil Procedure — Provisional Measures — Stay of Execution — Enforceable Judgment
Where a certificate of non-opposition and non-appeal attests that a domestic court judgment is enforceable, this is synonymous with urgency consubstantial with extreme gravity, as there is no longer any obstacle to execution of the judgment and execution can take place at any time before the Court renders its judgment, establishing a real and imminent risk.

Legislation cited (18)

  • African Charter on Human and Peoples' Rights Article 3(1)
  • African Charter on Human and Peoples' Rights Article 3(2)
  • 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 on the Establishment of an African Court on Human and Peoples' Rights Article 3(1)
  • Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights Article 27(2)
  • Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights Article 34(6)
  • International Covenant on Civil and Political Rights Article 14(1)
  • Universal Declaration of Human Rights Article 8
  • Land Code Article 30
  • Land Code Article 31
  • Land Code Article 32
  • Land Code Article 33
  • Land Code Article 34
  • Land Code Article 528
  • Land Code Article 530
  • Code of Civil Procedure Article 547
  • Code of Civil Procedure Article 570

Cases cited (8)

  • Ingabire Victoire Umuhoza v Republic of Rwanda (Ruling of 3 June 2016)
  • Houngue Eric Noudehouenou v Republic of Benin (Application No. 003/2020)
  • Ghati Mwita v Republic of Tanzania (Application No. 012/2019)
  • Sébastien Ajavon v Republic of Benin (Application No. 062/2019)
  • Sébastien Germain Marie Aïkoué Ajavon v Republic of Benin (Application No. 002/2021)
  • XYZ v Republic of Benin (Application No. 059/2019)
  • Houngue Eric Noudehouenou v Republic of Benin (Application No. 003/2020)
  • XYZ v Republic of Benin (Application No. 010/2020)

Full judgment

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Noudehouenou v Republic of Benin (Application No. 032-2020) [2021] AfCHPR 63 (22 November 2021)
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.