SENEGAL Law and Practice Contributed by: Claudy Monja and Mampionona Razafimamonjy, John W Ffooks & Co
3.4 Enforcement 3.4.1 Differences Between Enforcing Security Assignments, Loans and Guarantees There are no relevant differences between enforcing a security assignment and enforcing a loan or guar - antee. 3.4.2 Security Trustees’ Enforcement of Their Rights It would be permitted for a third party (a security trus - tee, etc) to enforce its rights under a security assign - ment, by which a security is granted to it by a lessor in respect of its rights under an aircraft lease, pursuant to a notice and acknowledgement executed by the lessor and the lessee respectively in connection with that security assignment. 3.4.3 Application of Foreign Laws The courts in Senegal will uphold a foreign law as the governing law of a finance or security document, and the submission to a foreign jurisdiction. A Senegalese court will also recognise a foreign law as the governing law after an exequatur order by a Senegalese court. As regards the enforcement of international guaran - tees registered in the Cape Town International Regis - ter, their application in Senegal does not require the intervention of a judge (to obtain the exequatur). Guar - antees are automatically enforced by the ANACIM if the creditor has an official document delivered by the Cape Town International Register. 3.4.4 Recognition and Enforcement of Foreign Judgments and Arbitral Awards Senegalese courts will accept and enforce a final judgment of a foreign court or an arbitral award with - out re-examination of the matter, if the decision is in accordance with the prescriptions of the law. 3.4.5 Secured Parties’ Right to Take Possession of Aircraft It would be possible for a secured party to take physi - cal possession of an aircraft to enforce a security agreement/aircraft mortgage without the lessee’s or operator’s consent.
3.4.6 Domestic Courts Competent to Decide on Enforcement Actions The courts are competent to judge cases relating to a security agreement/aircraft mortgage if the registra - tion is made in Senegal. However, in practice, it is very rare for a Senegalese court to judge such cases. The creditor may bring an official document delivered by the Cape Town International Register as proof. 3.4.7 Summary Judgments or Other Relief It is possible for a secured party to obtain a sum - mary judgment pending a final resolution of judicial proceedings to enforce a security agreement/aircraft mortgage. However, this is only possible if there is urgency and there is no possibility for the counterparty
to challenge the request of the lessor. 3.4.8 Judgments in Foreign Currencies
It is not possible for a secured party under a security agreement/aircraft mortgage to obtain a judgment in a foreign currency unless it is a decision by a court abroad. However, the claimant may state in the appli - cation the foreign currency equivalent in XOF that the
claimant wishes to obtain. 3.4.9 Taxes/Fees Payable
In order to enforce its claims, the secured party is liable to pay court fees. These fees are nominal in Senegalese courts. There is no tax to be paid. 3.4.10 Other Relevant Issues There are no other relevant issues of which a lender should be aware in relation to the enforcement of its rights. 4. Other Issues of Note 4.1 Issues Relevant to Domestic Purchase, Sale, Lease or Debt Finance of Aircraft There are no other issues or court judgments that are relevant to these matters. 4.2 Current Legislative Proposals No current proposals before the legislature are worthy of mention in respect of aviation finance and leasing.
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