Transhipment, Transit and Re-Export
Three quite different commercial roles sit behind a Lomé address. A buyer purchases goods for its own account and owes you the price. A transit or clearing agent handles cargo for someone else and is generally not a principal debtor. A re-exporter buys to on-sell into Burkina Faso, Mali or Niger and is a genuine buyer, but one whose payment ability depends on a customer you have never met, several hundred kilometres inland.
Establishing which of the three you are dealing with is the first and most valuable step. It is answered by the documents rather than by the correspondence: who was named as consignee, who was invoiced, who endorsed the bill of lading, who paid the duty and under which customs régime the goods were entered.
Where Goods Are Still in the Country
Where the goods have not yet left Togo, the position is materially better than a pure money claim. Cargo sitting in a bonded warehouse or on a quay is identifiable property, and the OHADA execution regime provides conservatory seizure measures capable of freezing movable property and receivables pending a decision on the merits.
Speed is everything here. Transhipment cargo is designed to move, and a measure obtained after the container has been loaded onto a feeder vessel is worth nothing. Where a creditor comes to us while goods are still on the ground, that fact reshapes the whole strategy.
Whether a particular measure is available on particular facts is a matter for appropriately authorised local counsel.
OHADA Procedure in Lomé
Togo applies the OHADA uniform acts. The injonction de payer is available where the debt is money, certain, liquidated and due, decided on the documents with a short opposition window, and the CCJA in Abidjan sits as final court on the uniform acts.
Lomé's commercial court sees a high volume of trade and transport matters by regional standards, which in practice means the issues arising from transit cargo are familiar ones rather than novel ones.
CFA Franc Transfer
Togo is a UEMOA member using the BCEAO CFA franc at fixed euro parity. Remittance requires the underlying trade documentation through a commercial bank and is documentary rather than discretionary - a significant advantage over the region's non-CFA states.
How Long Does a Togolese Claim Take?
| Stage | Typical Duration | Cost |
|---|---|---|
| Role and document review Buyer, agent or re-exporter | 2–4 weeks | Low |
| Conservatory measures Only where goods remain in country | 2–6 weeks | Medium |
| Demand and negotiation Written demand in French | 3–6 weeks | Low |
| Injonction de payer Where the debt qualifies | 2–5 months | Medium |
| Execution and remittance Realisation, then bank transfer | 3–7 months | Medium |
How Does SXB Global Handle a Togolese Case?
We ask immediately whether the goods are still in Togo, because that single question can change the file from a money claim into a property one. Then we establish whether the counterparty bought, handled or re-exported, and address the demand accordingly. Where legal proceedings become appropriate, SXB Global coordinates the instruction of appropriately authorised local counsel. Legal services are provided by the relevant independent legal professionals.