general principle of law, is unfounded. It maintains that it applies to any
international dispute settlement system.
358. It further contends that, in this respect, lis pendens also covers proceedings
before other regional human rights bodies and is, therefore, applicable
before this Court.
359. Furthermore, the Respondent State argues that, contrary to the submission
by the Applicant State, the instant case and the one pending before the
EACJ are similar. It argues that the cases have the same subject, namely,
the alleged violations of human rights, and subsequently, the promotion and
protection of human and peoples’ rights, in accordance with the provisions
of the Charter. Moreover, it concerns the same parties. It observes that the
assertion that the Court and the EACJ have different mandates is irrelevant,
since lis pendens is analysed in relation to the identity of the parties, the
similarity of the interest in bringing the action and the remedies sought. The
Respondent State considers that this criterion is met given that the EACJ
proceedings and the instant proceedings concern the same parties, have
the same cause of action and the same reliefs sought.
360. At the hearing, the Respondent State reiterated the content of its
submissions. It added that the EACJ's jurisdiction to interpret and apply the
EAC treaty does not preclude it from hearing human rights issues relating
to the said treaty and subsequent claims for reparation as, in its view, it
emerges from prolific EACJ jurisprudence. In this respect, it cites the matter
of Katabazi and Parti Démocratique v. the Secretary General of the East
African Community and four others.
***
361. The Court notes that it emerges from Article 56(7) of the Charter, restated
in Rule 50(2)(g) of the Rules, that on the pain of being declared
inadmissible, applications submitted to it must not concern cases which
have been settled by the States concerned in accordance with the principles
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