000236
I.
THE PARTIES
The Applicant, Mr. Jean-Claude Roger GOMBERT, is Company Director of
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French nationality, domiciled in Abidjan.
The Application is brought against the State of C6te d'lvoire (herein-after
referred to as "Respondent State") which became a Party to the African
Charter on Human and Peoples' Rights (herein-after referred to as "the
charter") on 31 March , 1992 and to the Protocol on 25 January, 2004. The
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Respondent State on 23 July, 2013 made the declaration prescribed in Article
the Protocol allowing individuals and Non-Governmental
34(6)
of
Organizations to lodge applications directly with the Court. lt also became a
Party to the lnternational Covenant on Civil and Political Rights (herein-after
referred to as "the ICCPR) on 26 March, 1992.
II.
SUBJECT OF THE APPLIGATION
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The Application has its origin in a contractual dispute between private parties
which was brought before the Respondent state's courts. The Applicant
mainly alleges the violation by the said courts, of his rights to a fair trial as
guaranteed by the Charter.
A.
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The Facts of the Matter
The Applicant alleges that within the framework of the activities of AFRECO
and AGRILAND companies, of which he is founder and majority shareholder,
he entered into an agreement with Mr. Kon6 DOSSONGUI, owner of the
industrial citrus plantation ANDRE located in Guitry, in the region of Divo in
COte d' lvoire, for the sale of the said property.
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The agreement was concluded on
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June, 1999, and the price of Two
Hundred Million (200,000,000) CFA Francs was agreed. The vendor received
the sum of One Hundred and Sixty Million (160,000,000) CFA Francs but
refused to sign the deed of sale prepared by his own Solicitor. The Applicant,
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M