53. In relation to the second criterion, the Court considers that expeditious
proceedings require, inter alia, the necessary cooperation of the parties who
must endeavour to produce all documents required by the courts.
54. In the present case, it is clear that the Court of Appeal adjourned the case
on several occasions in order to obtain the trial court’s judgment. The
Applicant, who filed the appeal and who clearly had an interest in the
outcome of the case, simply proffered mere assertions. He does not provide
any evidence that he took the necessary steps either personally or through
his lawyer, to obtain the said judgment from the registry of the Cotonou
Court of First Instance.
55. Lastly, as regards the third criterion relating to the alleged unlawful conduct
on the part of the national judicial authorities, the Court notes that the
Applicant does not adduce any evidence of collusion between that court and
the SBEE, or of any manifest and unjustified refusal on the part of the said
authorities to deliver the judgment at issue, with a view to prolonging the
proceedings. Consequently, the Court considers that the judicial authorities
cannot be accused of unlawful conduct in the present case.
56. In the light of all the foregoing, the Court considers that the Applicant bears
responsibility for the unduly prolonged appeal proceedings he alleges
insofar as he does not adduce any evidence of collusion between that court
and the SBEE, or of any unjustified refusal on the part of the said authorities
to deliver the judgment at issue, with a view to prolonging the proceedings.
57. Accordingly, the Court dismisses the Applicant’s allegation that the
Respondent State unduly prolonged the appeal proceedings.
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