WHETHER FROM THE TOTALITY OF FACTS PUT FORWARD, THIS
COURT HAS THE JURISDICTION TO ENTERTAIN THIS SUIT AS
CONSTITUTED AND CONCEIVED.
The Crux of the Applicant’s case is premised on the Respondents failure to comply
with the Judgment delivered on the 20th of April, 2005 by the Civil Law Court, Sixth
Judicial Circuit, Montserrado County in Liberia awarding the sum of $15,900,000.00
in favor of the Applicants.
The Respondent on the other hand though not disputing the existence of the
judgment, contend that the said judgment was characterized by fraud and failed to
comply with due process.
To this end, the Respondent vide a notice of preliminary objection challenged the
jurisdiction of the Court to entertain this suit, the capacity of the Applicant’s to
institute this suit, having failed to adduce evidence of registration. Also the
Respondent states that the action is statute barred same having been commenced
more than three years after the cause of action arose, and that the principle of
estoppel lies against the Applicant from enforcing the fraudulent Judgment. The
Respondent further states that the application is now devoid of purpose, the
judgment having been appealed against and prayed the Court to declare the
Applicant’s application inadmissible as it is not indicative of a characteristic of
violation of human rights and also on the grounds of the existence of an arbitration
clause in the agreement between both parties which is binding on them.
The Court is inclined to look into the issue of jurisdiction in two folds. On the first
leg, the Court will consider its human rights mandate as it relates to the rights to fair
hearing and right to property as alleged by the Applicant.
On the second leg, the Court will consider whether it has the requisite jurisdiction to
sit on appeal over decisions of national courts, and or compel a member state to
enforce a judgment of its national court.
Article 9(4) of the 2005 Supplementary Protocol provides
“The court has jurisdiction to determine cases of violation of human rights that
occur in any member state”
In Hissien Habre V Senegal (2010 CCJELR) pg.65, this court held: "that to decide
whether or not it has jurisdiction to hear a case, it has to examine if the issue
submitted deals with the rights enshrined for the benefit of the human person and
arising from the international or community obligation of the state as human rights
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