39. The Court notes that the judgment dismissing the Applicant’s complaint was
rendered at first instance which, in accordance with Article 162(2) of the Ivorian
Code of Procedure, is subject to appeal.9 In the instant Application, the
Applicant does not deny that he did not appeal and that in any case, there is
no proof of such an appeal in the record.
40. In light of the foregoing, the Court finds that local remedies were not
exhausted.
41. Having found that local remedies were not exhausted, and bearing in mind that
the admissibility requirements are cumulative, the Court will not examine the
last two admissibility requirements under Rule 50(2)(f) and (g) of the Rules.
42. Accordingly, the Court declares the Application inadmissible.
VIII.
COSTS
43. The Applicant made no claims for costs.
***
44. Pursuant to Rule 32(2) of the Rules, “unless otherwise decided by the Court,
each party shall bear its own costs, if any.”
45. In the instant case, the Court decides that the Applicant shall bear his own
costs.
Under Article 162 al. 2 of the Ivorian Code of Procedure, “All decisions rendered at first instance,
whether contested or by default, are subject to appeal”.
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