a. Unduly prolonged appeal proceedings
48. On this point, the Court recalls that on 28 December 2017, the Applicant
filed an appeal against the judgment of the Cotonou Court. At the time of
filing this Application on 4 June 2020, that is, two years, five months and six
days after, the Cotonou Court of Appeal had not yet delivered its judgment.
49. The Court has consistently held that whether or not proceedings in respect
of local remedies are unduly prolonged must be assessed on a case-bycase basis and, therefore, depending on the circumstances of each case.12
50. On this point, the Court’s analysis takes into account, in particular, the
complexity of the case or the procedure thereof, the conduct of the Parties
themselves and that of the judicial authorities to determine if the latter has
been passive or clearly negligent.13
51. Regarding the first criterion, the Court emphasises that, in assessing the
complexity of a case, it is necessary to take into account all the factual and
legal aspects thereof,. In this context, the Court notes that the case before
the national courts concerns a contractual dispute between two entities,
namely Tax Expertise and SBEE. The main issue before the Cotonou Court
of Appeal was whether SBEE had fulfilled all its contractual obligations
towards Tax Expertise.
52. The Court observes that in examining the said case, the Court of Appeal
was required to analyse the tax assistance contract and all other documents
exchanged between the parties. The Court therefore considers that the
above facts do not disclose any factual or legal issues that would render the
case or the proceedings so complex as to warrant prolonging the
proceedings. It follows that the case is not complex.
Idem, Beneficiaries of Late Norbert Zongo, § 92.
Kouma and Diabaté v. Mali, (merits) (21 March 2018), 2 AfCLR 237, § 38; Armand Guehi v. United
Republic of Tanzania (merits and reparations) (7 December 2018) 2 AfCLR 477, § 122; Beneficiaries of
Late Norbert Zongo et al. v. Burkina Faso (merits) (28 March 2014) 1 AfCLR 219, §92-97.
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