56. In light of the foregoing, the Court finds that the Applicant has not justified
why it took him seven (7) years, six (6) months and twenty-two (22) days to
file the application. Therefore, the Court finds that the application was not
filed within a reasonable time within the meaning of Article 56(6) of the
Charter and Rule 50(2)(f) of the Rules.
C. Other conditions of admissibility
57. The Court having found that the application does not satisfy Rule 50(2)(f) of
the Rules, does not need to rule on the admissibility requirements set out in
Article 56(1), (2), (3), (4) and (7) of the Charter reflected in Rule 50(2)(a),
(b), (c), (d) and (g) of the Rules,15 as the admissibility requirements are
cumulative.16
58. In view of the foregoing, the Court declares the Application inadmissible and
dismisses it.
VII. COSTS
59. The Respondent State prays the Court to order the Applicant to bear the
costs of the application. The Applicant did not make any submissions on
costs.
***
60. The Court notes that Rule 32(2) of its Rules provides that “unless otherwise
decided by the Court, each party shall bear its own costs, if any.”
61.
The Court finds no reason to depart from this provision. Consequently, it
orders that each party shall bear its own costs.
15
Ibid.
Mariam Kouma and Ousmane Diabaté v. Republic of Mali (jurisdiction and admissibility) (21 March
2018) 2 AfCLR 237, § 63; Rutabingwa Chrysanthe v. Republic of Rwanda (jurisdiction and admissibility)
(11 May 2018) 2 AfCLR 361, § 48; Collectif des Anciens Travailleurs du Laboratoire ALS v. Republic of
Mali (jurisdiction and admissibility) (28 March 2019) 3 AfCLR 73, § 39.
16
15