Rules, "Pursuant to article 27(2) of the Protocol, the Court may, at the request of a
party, the Commission or on its own accord, prescribe to the parties, any interim
measure which it deems necessary to adopt in the interest of the parties or of justice".
23.
It is for the Court to decide whether to issue provisional measures depending
on the circumstances of each case.
24. The Court notes from the record before it that, the Respondent State is in the
process of execution of a court judgment against the Applicant by seizing his
property.
25. The Court finds that the situation raised in the present Application is of extreme
gravity and urgency on the basis that, should the Applicant's property be attached
and sold to recover the amount of Ghana Cedi 51, 283, 480.59, the Applicant
would suffer irreparable harm if the Application on the merits is subsequently
decided in his favour. The Court finds that the circumstances require that an
order for provisional measures be issued, in accordance with Article 27(2) of the
Protocol and Rule 51 of the Rules, to preserve the status quo, pending the
determination of the main Application.
26.
For the avoidance of doubt, this order shall not in any way prejudice any
findings the Court shall make regarding its jurisdiction, the admissibility and
merits of the Application.
27.
For these reasons,
The Court,
Unanimously,
Orders the Respondent State to:
a)
stay the attachment of the Applicant's property and to take all appropriate
measures to maintain the status quo and to avoid the property being sold
until this Application is heard and determined.
b)
report to the Court within fifteen (15) days from the date of receipt of this
Order on the measures taken to implement this Order.
6