OHADA hearing takes place at Yaounde

In the interests of the litigants, the common Court of justice and arbitration for OHADA, held 4th and 5th November 2014, a fair hearing at the supreme Court of Cameroon. This hearing is said to be fair because it occurs outside the headquarters of the jurisdiction which is Abidjan in Côte d'Ivoire.

And according to Alexis Ndzuenkeu, magistrate, head of the Department of Legal Affairs and the communication to the permanent secretariat of OHADA in Yaoundé, during the fair hearing, records from the courts of appeal of Cameroon for Abidjan were called, thereby preventing the various parties concerned to move to the Ivorian economic capital.

According to sources, 24 cases were enlisted. After Alexis Ndzuenkeu, the procedure provided that when there is a dispute, which must be adjusted by application of the OHADA law, the case should be carried out, when it is at first instance and on appeal, to the courts of the State where the dispute arose.

But, in the event of an appeal in cassation, the complainants should not apply to the supreme Court of the State. They should instead go to the regional supreme court, that is, in the present case, the common Court of justice and arbitration of the OHADA.

OHADA aims to ensure legal and judicial security for investors and companies in the 17 Member States, which are found in Africa, West and Central Africa in the Indian Ocean.

This goal is divided into three components. Firstly, the development of a common and modern business law because the differences between the laws of one country to another are a major obstacle to cross-border trade and economic integration.

Then, the training of legal professionals (judges and judicial officers) in the OHADA law and other community rights (development and research). And finally, guarantees a unit for the application and interpretation of common law which tends to address legal and judicial insecurity which bothers the economic operators.

In this perspective, the CCJA, one of the major players in this organization at the regional level, is the common and supranational judicial body. Composed of nine judges, this common court is only competent to find, to the Supreme Court, the litigation of the uniform acts.

It is involved in arbitration, as the centre of administration of procedures and provides advice on the interpretation and common application of the OHADA Treaty adopted in 1993, uniform acts, regulations and Decisions taken.