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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;
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