39. The Registry having accepted their failure to notify the Applicant and the
omission being a procedural lapse that does not go to the substance of the case, the
Court dismisses the Respondent’s objection on this ground and declares the
application admissible and so holds.
40. The second objection of the Respondent is premised on Article 28(2) of the
Rules of Court, which require a lawyer acting on behalf of a party to lodge at the
Registry, an authorisation to practice before a court of a Member State. The
Applicant’s lawyer is cited as resident in Paris and in the absence of such
certification, the Respondent argues that the application is defective and should be
declared inadmissible by the Court. Indeed such authorisation was not annexed to
the originating application, however upon the objection raised, the Applicant filed a
document in support.
41. In his reply, the Applicant annexed a document issued by the Paris Bar
authorising his lawyer to practice abroad and in particular with the law firm of SCP
MBAYE DIEND & ASSOCIATES in Dakar Senegal. Attached was also an agreement
between the said law firm and the lawyer on the use of their office facilities.
42. In a rejoinder, the Respondent raised further objection to the effect that even
though the said lawyer is authorised to practice abroad, an authorisation from the
Bar of Senegal is vital.
***
43. The Court takes judicial notice of the long practice of reciprocity of rights of
practice by lawyers, between France and Republic of Senegal premised on Article
15