0002?E
48.
ln this case, the Court notes that, despite the fact that AGRILAND was the
Applicant before ECowAS Court of Justice, the rights claimed by that
company directly affect the Applicant's individual rights before the Court given
the fact that he is the President, Chief Executive Officer, founder and majority
shareholder of this ComPanY.
49.
ln view of the foregoing, the Court finds that the Parties are identical and that,
as such, the first condition has been met.
50.
With regard to the second condition, namely, identity of the claims, this Court
notes that in the case examined by ECOWAS Court of Justice, the Applicant
prayed the Court to "find and rule that the decisions rendered by the lvorian
courts... constitute serious violations of his rights "guaranteed, inter alia, by
the Charter and "to order the State of COte d'lvoire to pay him the sum of two
billion (2,000,000,000) CFA Francs as damages" as well as pay the costs of
the proceedings. These claims are identicalwith those made before this Court
with the exception of the claim regarding the partiality of the Daloa Court of
Appeal.
51.
ln its Reply, the Applicant argues that the present Application "is not entirely
identical to that submitted to ECOWAS Court of Justice" given that the Court
did not "refer to the situation whereby the Court divested the Daloa Court of
Appeal, as a case of human rights violation". Noting that this claim was not
expressly invoked before the ECOWAS Court of Justice, this Court observes
that the claim is not detachable from those claims examined by ECOWAS;
and as such, the issue in reality is one of a bloc of claims. Going by the
accepted notion of "settlement" adopted above, the identity of claims also
extends to their additional and alternative nature or whether they derive from a
claim examined in a previous case.
L4
P'U
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