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JuriAfrica le 30/05/2018

CCJA Reaffirms Its Supremacy Over Courts of Cassation of Member States

Is null and void, a judgment delivered by the Supreme Court of a Member State of the Organization for the Harmonization of Business Law in Africa, (“OHADA”), when the incompetence of the latter had previously been raised that the dispute fell within the application of a Uniform Act.The Common Court

  JuriAfrica
JuriAfrica le 09/05/2018

CCJA: Provisionary Seizure Are Real Enforcement Proceedings

The Judgment No. 005/2017 of 26 January 2017 of the Common Court of Justice and Arbitration (CCJA) of the Organization for the Harmonization of Business Law in Africa (OHADA) contains the principle whereby is unfounded the ground of appeal which criticizes the judgment of the Court of Appeal to have

  JuriAfrica
JuriAfrica le 18/04/2018

CCJA Dismissed the Appeal of Côte d’Ivoire Télécom Company for Foreclosure

In its Judgment No. 124/2017 of 18 May 2017, in the case that opposed Côte d’Ivoire Télécom company to Intel Afrique company, the Common Court of Justice and Arbitration (CCJA) of the Organization for the Harmonization of Business Law in Africa (OHADA) has confirmed the judgment of the Court of Appe

  JuriAfrica
JuriAfrica le 16/04/2018

CCJA: A Judgment for Lack of Legal Basis Will Be Set Aside

In the judgment No. 031/2017 of March 09, 2017, the CCJA has set aside a judgment for lack of legal basis.This derives from the case between the Bank of Africa—Côte d’Ivoire, known as BOA-CI SA and Société Aminou Moussibaye Industrie—Côte d’Ivoire, known as AMI-CI.AMI-CI had solicited and obtained f

  JuriAfrica
JuriAfrica le 09/04/2018

CCJA Confirms the Presumption of Liability of Road Carrier

The Common Court of Justice and Arbitration, CCJA, of the Organization for the Harmonization of Business Law in Africa, held that provisions of Sections 16 and following of the Uniform Act related to contracts of carriage of goods by road impose on the carrier a presumption of liability which can on

  JuriAfrica
JuriAfrica le 19/03/2018

OHADA: The Various Remedies Against an Arbitral Award

By Trésor IlungaLawyer – Bar of MatadiIntroductionThe African legislator uses the word “arbitration” without defining it. Commonly, it is considered as a private method of the dispute settlement based on the agreement of the Parties.[1] Thus, arbitration is considered by some authors as conventional

  JuriAfrica
JuriAfrica le 29/01/2018

CCJA: Appeal for Annulment of An Arbitral Award is Admissible Upon Ruling

In its judgment No. 034/2017 of March 9, 2017, the Common Court of Justice and Arbitration (CCJA) of the Organization for the Harmonization in Africa of Business Law (OHADA) has confirmed the provisions of Section 27 of the Uniform Act relating to the Law of Arbitration which provides that an action

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JuriAfrica le 25/01/2018

CCJA: Judgment No. 016/2018 of 25 January 2018

ORGANIZATION FOR THE HARMONIZATION OF BUSINESS LAW IN AFRICAOHADACOMMON COURT OF JUSTICE AND ARBITRATION CCJAJudgment No. 016/2018 of 25 January 2018,Available in French only. Should you need its translation, please write totranslation@juriafrique.comPRINCIPLE DISMISSAL APPEAL – DIFFICULTY EXECUTION

  JuriAfrica
JuriAfrica le 25/01/2018

CCJA: Judgment No. 015/2018 of 25 January 2018

ORGANIZATION FOR THE HARMONIZATION OF BUSINESS LAW IN AFRICAOHADACOMMON COURT OF JUSTICE AND ARBITRATION CCJAJudgment No. 015/2018 of 25 January 2018,Available in French only. Should you need its translation, please write totranslation@juriafrique.comPRINCIPLE ADMISSIBLE PLEA – INCOMPETENCE – SUPREM

  JuriAfrica
JuriAfrica le 20/01/2018

CCJA: The lessor must pay to the lessee a compensation for eviction if the premises rebuilt are of a different use from that of the premises subjected to the lease

The CCJA decided in its judgment No. 030/2017 of March 02, 2017 that the lessor must pay to the lessee a compensation for eviction provided for in Section 126 of the Uniform Act on general commercial law if the premises rebuilt have are of a different use from that of the premise subjected to lease,

  JuriAfrica
JuriAfrica le 06/09/2017

CCJA Dismissed the Appeal of Côte d’Ivoire Télécom Company for Foreclosure

In its Judgment No. 124/2017 of 18 May 2017, in the case that opposed Côte d’Ivoire Télécom company to Intel Afrique company, the Common Court of Justice and Arbitration (CCJA) of the Organization for the Harmonization of Business Law in Africa (OHADA) has confirmed the judgment of the Court of Appe

  JuriAfrica