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”.
Defendant duly complied with the above provisions of the Rules of the Court by its
Application dated 24th September 2018 and filed at the Registry of this Court on
15th October 2018.
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.
The case is inadmissible and the parties are to bear their respective costs.
THIS DECISION IS MADE, ADJUDGED AND PRONOUNCED PUBLICLY BY THIS COURT,
COMMUNITY COURT OF JUSTICE, ECOWAS; SITTING AT ABUJA, NIGERIA ON THE
24TH DAY OF JANUARY 2019.
HON. JUSTICE EDWARD AMOAKO ASANTE
- PRESIDING
HON. JUSTICE GBERI-BE QUATTARA
- MEMBER
HON. JUSTICE JANUARIA T. S. MOREIRA COSTA
- MEMBER
TONY ANENE-MAIDOH - CHIEF REGISTRAR
20