000 810 ii) Declare the Application inadmissible and dismiss the same. iii) Hold that the government of Tanzania has not violated any of the rights alleged by the Applicant. iv) Declare that the cost of this Application be borne by the Applicant." V. JURISDIGTION 15. Pursuant to Article 3(1) of the Protocol, "the jurisdiction of the Court shall extend to all cases and disputes submitted to it concerning the interpretation and application of the Charter, this Protocol and any other relevant human rights instruments ratified by the States concerned." 16.1n accordance with Rule 39(1) of the Rules, "the Court shall conduct preliminary examination of its jurisdiction. .. " A. Objections to material jurisdiction 17.The Respondent State raises two objections relating to the materialjurisdiction of the Court: first, that the Court is being asked to act as a Court of first instance, and second, that the Court is being requested to sit as an appellate Court. i. Objection on the ground that the Court is being requested to sit as a Court of first instance 18. ln its objection, the Respondent State avers that the Applicant has raised three allegations before this Court for the first time and is asking the Court to adjudicate on them. According to the Respondent State, the allegations raised for the first time are: (i) Allegation that the Respondent State violated the Applicant's right to be represented by a legal counsel; 5 @- 2

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