Administrative Chamber of the Supreme Court on 24 April 2001, aimed at
having this Court withdraw its Judgement No. RA/444/445/452.
8. The Complainant submits that up to 20 April 2005 when the case was brought
before the African Commission, almost four years after the appeal was filed,
the Congolese Supreme Court had still not made any ruling on the matter.
Prayers
9. The Complainant alleges that the facts set out above constitute a violation of
Articles 3 and 7 (1) (a) and (c) of the African Charter and prays the African
Commission to:
1. Declare null and void Judgement No. RA444/445/452 of 17 April 2000
delivered by the Supreme Court of the DRC;
2. Recognize the Complainant’s right to subject Pharmakina Company to the
legal obligation to comply with Judgment No. 98/CNO/LH006 of 1 April
1998 issued by the National Bar Council;
3. Grant the Complainant a fair compensation for deprivation of enjoyment,
from 1 April 1998, of the sum of 500,000 U.S. dollars awarded to him in
respect of fees by the National Bar Council.
PROCEDURE
10. The complaint was received at the Secretariat of the African Commission on
20 April 2005.
11. On 10 June 2005, the Secretariat of the African Commission wrote a letter to
the Complainant acknowledging receipt of the complaint and communicating
to him the references. The Secretariat also informed the Complainant in the
same letter that the complaint would be considered on seizure by the African
Commission at its 38th Ordinary Session to be held in November/December
2005.
12. At its 38th Ordinary Session held from 21 November to 5 December 2005 in
Banjul, The Gambia, the African Commission considered the complaint and
decided to be seized thereof.
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