Wakilii

Paul and Another v Republic of Cote D'Ivoire (Application No. 019-2020)

African Court on Human and Peoples' Rights · [2022] AfCHPR 81 · 2022 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Ruling on application to reopen proceedings after Respondent State alleged non-receipt of the application initiating proceedings
Decision
Matter reopened to allow Respondent State to file defence

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 ordered the reopening of proceedings where the Respondent State consistently alleged that it never received notification of the application initiating proceedings, and acknowledgement of receipt was issued only for subsequent notifications. The Court held that in the interest of justice and respect for adversarial proceedings, the Respondent State should be allowed to file its Response.

Outcome

Matter reopened to allow Respondent State to file defence

Facts

In 1980, the Respondent State expropriated ancestral land belonging to the Baedan family in Abidjan Yopougon Kouté and constructed public facilities on it. In 2003, the Youpougon Court of First Instance ordered the State to pay 812,488,000 CFA francs as compensation for loss of customary rights, but the sum was never paid. The Applicants filed this application with the African Court on 14 May 2020, alleging violation of property rights and the right to compensation. The application was served on 30 June 2020, but the Respondent State consistently maintained it never received it. Acknowledgement of receipt was issued only for subsequent notifications dated 29 September 2021 and 9 February 2022.

Issues

  1. Whether the proceedings should be reopened to allow the Respondent State to file its Response where it alleged non-receipt of the application initiating proceedings.

Orders

  • Proceedings in respect of Application 019/2020 ordered reopened.
  • Respondent State ordered to make available the complete list of its representatives within thirty (30) days.
  • Respondent State ordered to file its Response and submissions on reparations within ninety (90) days from the date of receipt of this Ruling.

Rules and key headnotes

Reopening of Proceedings — Service of Process — Non-Receipt of Initiating Application
Where a respondent state alleges non-receipt of an application initiating proceedings and court records show acknowledgement of receipt was issued only for subsequent notifications but not for the initial service, the benefit of the doubt regarding receipt inures to the respondent state.
Reopening of Proceedings — Discretion of Court — Interest of Justice
A court has discretion under its rules to order the reopening of proceedings and allow a party to file pleadings where the interest of justice and respect for the principle of adversarial proceedings so require.

Full judgment

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

Paul and Another v Republic of Cote D'Ivoire (Application No. 019-2020) [2022] AfCHPR 81 (1 April 2022)
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.