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Considering the verification done on the Judgement Register, according to Article
107 and following ... of Code of Civil Procedure:
Certifj1 and attest that no mention was made in the said Register, of any Appeal
against the aforementioned Ruling No. 735 I 96."
64. This document was attached to defendant's statement of defence m1d duly
served on the plaintiff. During the cross-examination of plaintiffs witness, this
document issue came up and the witness said it was in this court he became aware of
it for the first time. He did not challenge its authenticity. It is an official record and
is thus presumed to be regular and authentic until the contrary is established. It thus
behoved on the plaintiff to adduce evidence in order to contest the authenticity of
this docw11ent. T11e document speaks for itself. Thus in the absence of contra1y
evidence, the Court accepts that plaintiff was indeed heard in those proceeding
which divested it of its ownership of the vessel.
65. On this same issue, the plaintiff stated they did not know that the vessel had
been divested until the defendant herein filed their defence. This again was false.
The very first relief sought by the plaintiff accused the defendant of having sold
their vessel. Indeed the plaintiff pleaded that they got the information the defendant
had sold tl1e vessel on 23rd July, 2007. T11e reliefs and pleadings were formulated
and filed before the defence was filed, so it is plainly false for the plaintiffs
witness to say on oath that the first time they became aware of the sale of the
vessel \Vas when the defence was filed. The plaintiff was aware they had been
divested of the owners1lip of the vessel on the order of a Senegalese court in civil
proceedings yet they chose not to contest it. The issue of the ownership of the vessel
was conclusively determined by the Senegalese courts as far back as 1996, in an
action between the appropriate parties and this court must respect it. The
defendant was not a party to that action and was not a beneficiary of the award
made by the court.
66. Be that as it may, granted that the plaintiff was not notified of the process that
led to its vessel being awarded to some other entity, the courts in Senegal were
available for plaintiff to seek redress. Learned counsel to the plaintiff rightly stated
in his final address that plaintiff is entitled to have the judgment set aside "ex
debito justiciae". However, it is trite learning that when a court of competent
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