229. That the failure to pay the allowances created in the Applicants a lack
of support for their health, which also created a huge psychological distress.
230. They conclude that the conditions are met to order the Defendant to pay
damages in FCFA 5,000,000 for the first three Applicants and for the
Applicant Gislain AGBOZO, and 2,000,000 for the remaining Applicants,
without specifying the grounds for the settlement of such amounts.
231. Indeed, as this court pointed out in the cited case KOMLAN RAYMOND
KOUDO v. ECOWAS PARLIAMENT: “The terms of a contract is sacrosanct
and are unequivocally enforceable to the extent that all parties are in
conformity with their obligations therein. A party in breach will be obliged
to remedy the wrong as appropriate.”
232. However, the Court considers that the Applicants’ argument is generic
in that it does not specify the material or moral damages actually suffered by
them, nor the causal link between such damages and the delay in payment of
the aforementioned benefits owed to them by the Defendant.
233. Therefore, the Court concludes that the assumptions of the Defendant’s
civil liability have not been established by the Applicants, and therefore,
their claim is unfounded and should be dismissed.
Default interest
234. The Applicants sought that the Defendant be ordered to pay default
interest for the delay in payment of their rights, in the amounts they have
settled as follows: 10,000,000 FCFA for the first 3 Applicants; FCFA
7,000,000 for Applicant Gislain AGBOZO and FCFA 5,000,000 for each of
the remaining Applicants.
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