XYZ v Republic of Benin (Application No. 021/2019; Application No. 022/2019) [2019] AfCHPR 89 (4 July 2019)


THE MATTER OF

•

•

XYZ

(identified as such after requesting anonymity)

*v.*

REPUBLIC OF BENIN

APPLICATION No. 021/2019

AND

XYZ

(identified as such after requesting anonymity)

*v.*

REPUBLIC OF BENIN

APPLICATION No. 022/2019

ORDER

4 JULY 2019

| $\mathbb{R}^2$ | | | |--------------------------------------------------------|--|--| | PHOTOCOPIE CERTFIEE CONFORMER<br><b>CERTIFIED TRID</b> | | | | <b>REGISTRY</b> | | |

The Court composed of: Sylvain ORE, President, Ben KIOKO, Vice-President; Rataa BEN ACHOUR, Angelo V. MATUSSE, Suzanne MENGUE, M-Therese MUKAMULlSA, Tujilane R. CHIZUMILA, Chafika BENSAOULA, Blaise CHIKAYA, Stella I. ANUKAM, Imani D. ABOUD - Judges ; and Robert ENO, Registrar.

In the matter of:

•

•

XYZ

(identified as such after requesting anonymity)

*v.*

REPUBLIC 'OF BENIN

AND

XYZ

(identified as such after requesting anonymity)

*v.*

REPUBLIC OF BENIN

After deliberation, issues the following Order:

> 1. Having regard to the Application dated 13 May 2019, received at the Registry of the Court on the same date, by which XYZ (hereinafter referred to as "the Applicant") instituted proceedings against the Republic of Benin (hereinafter referred to as "the Respondent State");

2. Having regard to the Application dated 27 May 2019 , received at the Registry on the same date, by which the same Applicant, XYZ instituted a second proceeding against "the Respondent State";

3. Considering Rule 54 of the Rules of Court which provides that: "the Court may at any stage of the pleadings either on its volition or in response to an application by any of the parties, order the joinder of interrelated cases and pleadings where it deems it appropriate, both in fact and in law" ;

4. Considering the identity of the Applicant. the Respondent State and the subject matter of the Applications in both cases;

5. Considering that a joinder of the cases is appropriate in fact and in law;

OPERATIVE PART

•

•

For these reasons , The Court unanimously, orders:

- i. The joinder of the cases and the proceedings in the Applications brought by the Applicant against the Respondent State; - ii. That the Application shall henceforth be titled Applications 02 1/2019 and 022/2019- XYZ (identified as such after requesting anonymity) v. Republic of Benin.

• Done at Arusha, this Twentieth Day of the month of June in the year Two Thousand and Nineteen, in English and French, the French text being authoritative.

> Signed Sylvain ORE, President Robert ENO, Registrar 2