In conclusion, this Court totally agree with the reasoning of the learned
Counsel for the 16th & 17th Defendants/Applicants that this Court lacks
jurisdiction to entertain the Plaintiff’s application for the enforcement of its
judgment against all the defendants herein. The Plaintiff does not have the
capacity to maintain an action against the Defendants for the reliefs being
sought, and therefore the suit is inadmissible for adjudication.
Article 87(1) of the Rules of the Community Court of Justice, ECOWAS
provides that “a party applying to the Court for a decision on a preliminary
objection or other preliminary plea not going to the substance of the case
shall make the application by a separate document”. Additionally, Article
88(1) of the same document states that: “Where it is clear that the Court
has no jurisdiction to take cognizance of an action or where the action is
manifestly inadmissible, the Court may, by reasoned order, after hearing
the parties and without taking further steps in the proceedings, give a
decision”.
The 16th and 17th Defendants duly complied with the above provisions of the
Rules of the Court by their Application dated 9/08/16 and filed at the Registry
of this Court on 11/08/16.
DECISION
This Court after examining the initiating Application and the notice of
preliminary objection by the Defendant; and after hearing counsel of the
parties herein, and for the reasons canvassed above, holds that the Plaintiff’s
action is manifestly not maintainable against the Defendant for lack of
capacity and same is inadmissible.
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