not have done more. We agree with that conclusion of the First
Instance Division.
78. Accordingly, the Appellant fails on Issue No.3.
ISSUE No.4: whether the First Instance Division erred in law
when it refused to award costs against the 1st, 2nd, 3rd, and 5th
Respondents in the circumstances.
We remind ourselves that at the Scheduling Conference of the
Appellate Division, the Appellant abandoned the issue of costs
against the Republic of Rwanda, which had deposited its
declaration while the Reference was still pending before the First
Instance Division. Nonetheless, the Appellant still maintains his
prayer for costs against the 1st, 2nd, 3rdand 5th Respondents which
have not yet made their declarations.
In view of our findings, we see no reason to award costs in this
Appeal. On the contrary, we associate ourselves with the First
Instance Division’s finding that the case, being one of great public
interest, would be inappropriate to order any Party to pay the costs
of the other.
Issue No.5: Whether the Appellant is entitled to the remedies
sought.
79.
In its prayer for reliefs, the Appellant sought this Court to make the
following orders, namely, that the Court:(i) uphold the First Instance Division’s holding that this Court has
jurisdiction to ensure adherence to the law in the
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