A Burkinabe economic operator who feels wronged by the Togolese justice system calls on the authorities of the two countries for help

The Burkinabe economic operator, Adama Noraogo Sawadogo called on Wednesday, the Burkinabe and Togolese authorities to help him recover his rights of 2.7 billion FCFA, against Togo Terminal (former subsidiary of Boloré) which wants to pay him only 6 million for damages suffered in 2019."I am launching a cry of dismay to the authorities and to all those who love justice so that my cargo is compensated according to the real commercial value of its contents," declared the Burkinabe economic operator, Adama Noraogo Sawadogo, also director of the company "Adam's Solaire".Recalling the facts, Mr. Sawadogo indicated that on July 25, 2019, one of his shipments containing 643 hybrid solar and wave batteries, acquired for more than 2 billion 700 million FCFA, had been dented at the autonomous port of Lomé due to lack of handling by Togo Terminal SA, belonging at the time to the French group Bolloré.According to the businessman, he and Togo Terminal SA, operator of the port of Lomé, had opted for an amicable sett lement when his lawyers informed him that the Togolese commercial court had rendered a verdict dismissing all his claims."What disappoints me," said Mr. Sawadogo, "is that this decision indicates that I suffered damages of 80 thousand FCFA while the report of an expert appointed by the Togolese justice system had concluded that 612 batteries were damaged."Having appealed the said decision, the court, after receiving the opinion of a new expert report which confirmed that "the batteries are technically and commercially unacceptable", had ordered Togo Terminal SA to pay 6 million 120 thousand FCFA, a sum which the economic operator considered "well below the value of the cargo".This new verdict was attacked by Mr. Sawadogo on the grounds that the judges based themselves on the declaration of the freight forwarder to determine the amount of the damage while article 400 of the Togolese customs code provides that in such circumstances, the invoice for the goods must be the reference.The Burkinabe economic operator said it had appealed to the Court of Cassation.But in the meantime, he is asking for help from the Burkinabe and Togolese authorities to resolve this problem.Source: Burkina Information Agency

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