Wakilii

Sandwidi v Faso and Others

African Court on Human and Peoples' Rights · [2020] AfCHPR 36 · 2020 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Order on joinder of two related applications before the African Court on Human and Peoples' Rights
Decision
Applications joined and consolidated for joint hearing and determination

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Court ordered the joinder of two applications filed by Elie Sandwidi and the Burkinabe Movement for Human and Peoples' Rights against the same four respondent states. Both applications arose from the same facts concerning Sandwidi's recruitment and dismissal at the Court of Justice of WAEMU, alleged the same violations of the African Charter, and sought the same relief. The joinder was appropriate in fact and law under Rule 54 and consistent with the sound administration of justice and judicial economy.

Outcome

Applications joined and consolidated for joint hearing and determination

Facts

Elie Sandwidi filed an application on 24 February 2020 against Burkina Faso, Benin, Cote d'Ivoire and Mali. The Burkinabe Movement for Human and Peoples' Rights filed a second application on 30 April 2020 against the same respondent states. Both applications arose from Sandwidi's recruitment at the Court of Justice of the West African Economic and Monetary Union and his subsequent dismissal. Sandwidi had unsuccessfully challenged the legality of his dismissal before the Advisory Committee of the WAEMU Commission, the Council of Ministers, the Authority of Heads of State and Government of WAEMU, and the Court itself. Mali requested joinder of the two cases on 2 May 2020 on the ground that the subject matter was similar.

Issues

  1. Whether the two applications should be joined pursuant to Rule 54 of the Rules of Court on the ground that they are sufficiently interrelated in fact and law.

Orders

  • The joinder of the above referred Applications and related pleadings.
  • That henceforth, the Applications shall be referred to as Consolidated Applications No. 014/2020 and 017/2020 - Elie Sandwidi and Another v. Burkina Faso and Others.
  • The consequent upon the joinder, this Order and the pleadings relating to the above referred Matters shall be served on all the Parties.

Rules and key headnotes

Civil Procedure — Joinder of Cases — Discretionary Power of Court
A court may exercise its discretionary power to order the joinder of cases where two or more cases which are not identical are brought before it, but are such that it is in the interest of proper justice to hear and determine them at the same time in order to avoid solutions which might be irreconcilable.
Civil Procedure — Joinder of Cases — Principles Governing Joinder
Joinder of cases must be consonant not only with the principle of the sound administration of justice but also with the imperatives of judicial economy.
Civil Procedure — Joinder of Cases — Criteria for Appropriateness
Joinder of cases is appropriate in fact and in law where the applications are directed against the same respondents, arise from similar facts, allege the same legal violations, and seek the same relief.

Cases cited (1)

  • Certain Activities Carried Out by Nicaragua in the Border Area (Costa Rica v Nicaragua) (Joint Cases) [2013] ICJ

Full judgment

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

Sandwidi v Faso and Others [2020] AfCHPR 36 (15 July 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.