00 023 5
who was already occupying the plantation with the approval of
the
mortgagees, filed a complaint with the competent courts to compel the vendor
to honour his commitment.
As a result of the numerous proceedings undertaken between February 2000
and June 2014 by both the Applicant and the vendor, several decisions were
6
rendered by the lvorian courts, including, inter alia the Divo Court, the Daloa
court of Appeal and the supreme court of c6te d'lvoire. whereas some of
the said decisions were in favour of the Applicant, others were not.
Believing that some
7
of those decisions violated his rights, the
Applicant
ECOWAS Court of Justice which delivered two
Judgments. By the first judgement referenced ECWCCJ/JUD of 25 April'
2015 on the merits of the case, the Court declared that the Application was
referred the matter
to
baseless. By the second Judgment referenced ECWCCJ/RUL/08/16 of 17
May, 2016, the Court also declared baseless the Application filed by the
failure to adjudicate on the case. Dissatisfied, the
Applicant decided to bring the matter before this Court by an Application
Applicant in respect of the
registered atthe Registry on 11 July, 2016.
B.
Alleged violations
8.
The Applicant alleges
a) that his right to be tried by an impartial court as protected by Article 7 (1Xd) of
the Charter has been violated owing to:
the fact that the Daloa Court of Appeal discarded the agricultural
appraisal it had ordered and sought to terminate the pre-hearing at the
behest of the opposing party;
il
the nullification of the receivers' decisions and the rejection of his
request for reinstatement by the special jurisdiction of the Section of
the Divo Court;
3
p