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sub-region as enshrined m the ECOV/AS Treaty and the African Charter on
Human and Peoples' Rights.
Defendant's address
20. Learned counsel to the defendant divided his written address into two parts,
arguments intended to disprove plaintiff's arguments and those to buttress its own
in these proceedings.
21. With respect to arguments seeking to disprove plaintiff's allegations, learned
counsel started by saying that plaintiff's pleadings and conclusions are not based
on case law or on Community legislation. He continued that even the principles of
law articulated by plaintiff are without reference to specific articles of the
legislations it sought to rely on.
22. Learned counsel argued that in plaintiff's introduction, it relied on everything
except on human rights violation, the foundation of this suit. Further, learned
counsel stated that from the plaintiff's own case, the dispute is exclusively one
between three private companies, Ocean King, Sogemar and Euskalduna de Pescz
and had nothing to do with the defendant.
23. Further, learned counsel disputed plaintiff's assertion , that it was not infom1ed
of the proceedings which eventually led to the award of its vessel to some other
entity and therefore amounted to a flagrru1t violation of, its right to property as
guaranteed under the African Charter on Human and Peoples' Right.
24. Learned counsel contends that the order made by Tribunal Regional Hors
Classe de Dakar which divested plaintiff of the ownership of its vessel contained
the expression "in the .presence of parties involved" ru1d therefore indicates that the
plaintiff and its lawyer Mr. Sall participated in the hearing which they are now
challenging. Further, learned counsel contends that if the order was made in
default, plaintiff had the option of approaching the court in order to present its
case.
25. Again, learned counsel argued that plaintiff's ownership of the vessel, the
subject matter of this suit is in dispute. He posited that plaintiff failed to explain to
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