SENEGAL Law and Practice Contributed by: Claudy Monja and Mampionona Razafimamonjy, John W Ffooks & Co
The letter of the law does not specify whether the aircraft needs to be physically located in Senegal at the time of any such action(s). 2.6.2 Lessor Taking Possession of the Aircraft The lessee’s consent or a court order is required to take possession of the aircraft. 2.6.3 Specific Courts for Aviation Disputes There are no specific courts for aviation disputes in Senegal; the general courts are competent to decide these disputes. It should be noted that two major mat - ters of which the Senegalese courts are aware, are the liquidation of the national company Air Afrique and the company Groupe Air Sénégal SA. 2.6.4 Summary Judgment or Other Relief No issues are foreseen for a lessor to obtain a sum - mary judgment or equitable or other injunctive relief pending final resolution of judicial proceedings to enforce an aircraft lease. The lessor has only to file an application called a “ référé ” with the competent commercial court. The procedure will take one to three months (there is also the possibility to appeal against a judgment of the commercial court). 2.6.5 Domestic Courts’ Approach to Foreign Laws and Judgments Domestic courts could potentially uphold: • a foreign law as the governing law of an aircraft lease; • the submission to a foreign jurisdiction; and • a waiver of immunity by the parties to that lease. 2.6.6 Domestic Courts’ Recognition of Foreign Judgments/Awards In order for a foreign judgment (either a foreign court judgment or an arbitral award) to be enforceable in Senegal, an exequatur order must be issued by a domestic court without re-examination of the matter. For a judgment relating to the enforcement of an inter - national interest (registered in the International Regis - try in Cape Town), an exequatur will not be required. 2.6.7 Judgments in Foreign Currencies The letter of the law is silent on whether a lessor under an aircraft lease can obtain a judgment in a foreign
country. Generally, a judgment is left to the discretion of the judge. An equivalent amount in foreign currency may be granted in local currency. This is more com - mon in local practice. 2.6.8 Limitations on Lessors’ Actions Following Termination The letter of the law is silent on this point. However, it is understood that there are no limitations. 2.6.9 Lessor’s Requirement to Pay Taxes/Fees A lessor under an aircraft lease is not required to pay taxes or fees in a significant (ie, non-nominal) amount in connection with the enforcement of an aircraft lease in Senegal. 2.6.10 Mandatory Notice Periods The lessor should comply with the notice periods for termination of the aircraft lease that are established in the lease agreement. 2.6.11 Lessees’ Entitlement to Claim Immunity The lessee cannot claim any sovereign or other immu - nity from suit, except in the case of the Republic of Senegal or any of its entities. The following may not be subject to precautionary seizure: • aircraft assigned exclusively to a state service, in particular military, customs or police services, including the public postal service, and all other exemptions provided for by the laws and regula - tions; • aircraft actually in service on a regular public trans - port route and essential reserve aircraft; and • any other aircraft assigned to transport persons or goods for remuneration when it is ready to leave for that transport, except in the case of a debt con - tracted for the journey it is to make, a claim aris - ing during the journey or a claim relating to sums owed by the owner by reason of the acquisition of this aircraft or of training or maintenance contracts connected with its operation, in which cases the bond may prevent seizure. However, the aforementioned provisions will not apply to the seizure by the owner of its aircraft by an unlawful
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