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61. Had defendant committed or omitted to do anything in order to make it liable
to the plaintiff at this stage? Our answer to this question is no. Plaintiff had
successfully procured counsel of its own choice and had been given every
opportunity to prosecute its case. It had been offered the legal right to appeal and
had successfully appealed against the earlier decision given against it. For all
intents and purposes, plaintiff had been offered a fair trial by defendant's domestic
courts. It is significant to note that plaintiff had no complaints against the
defendant at this stage.
62. The plaintiff, however, refused to respect the judgment that had been delivered
by the court that he had voluntarily approached by asking for an undertaking
before paying tl1e sum of money that it had been directed to pay. Plaintiff by so
doing was seeking a modification to the judgment that had been rendered by the
court before it would comply with it. A judgment delivered by a cou1i of
competent jurisdiction ought to be fully respected and implemented without any
conditions. Thus when the Tribunal refused to modify its decision, the plaintiff was
bound in law to comply with it Therefore, the rejection of plaintiffs demand for an
unde1iaking by the defendant's authorities did not make defendant liable in any way
to the plaintiff
63. The court will now consider the third judicial process that took place within
defendant's jurisdiction and assess if that makes defendant liable to the plaintiff for
the .loss of its vessel. Whilst plaintiff contends that it was not informed of this
proceeding, defendant avers that plaintiff was a party to it. "'Whilst plaintiff offered
no evidence in support of its position, the defendant provided "the Certificate of
Non Appeal" issued by the Tribunal Regional Hors Classe which explicitly stated
that tl1e plaintiff was the defendant in tl1at proceeding. The Chief Registrar of the
Tribunal stated thus in the Ce1iificate of Non Appeal
"Aware of the Ruling No. 735/96 of 5 August 1996 given by 17'le Regional
Tribunal "Hors Class" of Dakar given in public and after hearing both parties,
Considering the Application filed by A:fessrs Doudou & Yerim THJA]I;J (Esq.),
Counsels to Euskalduna De Pesca in the "Euskalduna De Pesco v. Ocean King"
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