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44. ln light of the aforesaid provisions, the Court is of the opinion that examining
compliance with this condition amounts to making sure both that the case has
not been "settled" and that it has not been settled "in accordance with the
principles" under reference.
45. The Court
notes that the notion of "settlement" implies the convergence of
three major conditions: (1) the identity of the parties; 2) identity of the
applications or their supplementary or alternative nature or whether the case
flows from a request made in the initial case; and 3) the existence of a first
decision on the meritss.
regards the first condition, it is necessary to establish only the identity of
the Applicants, as there is no doubt that the State of C6te d'lvoire is the
46. As
Respondent in both cases. The Applicant before this court, d
prioi, is Mr.
Jean-Claude Roger GOMBERT whereas AGRILAND Company had acted
before the Community Cou( of Justice, ECOWAS. However, a closer scrutiny
of the evidence on file reveals that before the ECOWAS Court of Justice, the
company AGRILAND acted as the Applicant "in the actions and proceedings
of its chairman and chief Executive officer, Mr. Jean-claude GoMBERT
having elected domicile in the Chambers of his Counsel Advocate Emile
SONTE, lawyer at the Court of Appeal of Abidjan ". The Application before this
court was, for its part, filed by "Mr. GOMBERT Jean-Claude Roger for whom
domicile is elected in the Chambers of his Counsel, Advocate SONTE Emile,
lawyer at the Court of Appeal of Abidjan ".
47. The Court affirms that, as a human
and peoples' rights court, it can make a
determination only on violations of the rights of natural persons and groups to
the exclusion of private- or public law entities.
s
See Communication 4\gt12 Luke Munyandu Tembani and Benjamin John Freeth (represented by
Norman Tjombe) v. Angola and thirteen Oil,ers (AfCHPR 2013) para. 112; Reference No 1/2007 James
Katabazi et al v. Secretary General of the East African Community and Another (2007) AHRLR 119
(EAC 2007) paras. 30-32; Application 7920, Judgment of 29 July 1988, Vel4squez-Rodriguez v.
Honduras CIADH para. 24(4); Application of the Convention on the Prevention and Punishment of the
Crime of Genocide (Bosnia-Herzegovina v. Serbia-and- Montenegro\ Judgment of 26 February 2007,
lCJ., Collection 2007, P.43
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