The closure of the frontier by itself alone did not leave the applicant unable to conserve
or preserve his merchandise, therefore it can not be concluded that such fact - closure
of the frontier - was an appropriate cause to produce the pecuniary damage claimed by
the applicant.
Thereby, in the absence of verification of this assumption (the causal link) of the civil
liability, the applicant's claim related to the compensatory request is thus dismissed.
9. ON THE DECISION
Therefore, the Court decides:
To declare that the Defendant, the State REPUBLIC OF SENEGAL violated the human
rights of the applicant, SUNDAY CHARLES UGWUABA, to free movement of persons,
goods and services.
To Declare that the causal link between the damage claimed by the applicant and the
closure of the border has not been established.
And as a result,
To Judge as unfounded the compensatory claims made by the applicant.
On the Legal expenses:
The costs shall be borne by the applicant, in accordance with Article 66 (2) of the Rules
of Procedure of the Court of Justice.
This judgment was declared and pronounced in a public court hearing held in Abuja by
the Court of Justice of the Community on 26th of June 2019.
By the Judges:
Honorable Judge Dupe ATOKI - President
Honorable Judge Keikura BANGURA - Member
Honorable Judge Januária Tavares Silva Moreira COSTA Member/Rapporteur
Athannase Atannon - Deputy Registrar
26
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents