V.
JURISDICTION
20. The Court recalls that Article 3 of the Protocol provides as follows:
1.
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.
2.
In the event of a dispute as to whether the Court has jurisdiction,
the Court shall decide.
21. The Court further recalls that pursuant to Rule 49(1) of the Rules, it “shall
preliminarily ascertain its jurisdiction … in accordance with the Charter, the
Protocol and these Rules.”
22. In the instant Application, the Court observes that the Respondent State
raises an objection to its material jurisdiction. The Court will thus address
the said objection before considering other aspects of jurisdiction, if
necessary.
A. Objection to material jurisdiction
23. The Respondent State submits that the Applicant’s allegations do not fall
within the scope of human rights or within the jurisdiction of this Court.
24. It further argues that the jurisdiction of the Court should be limited to
ordering measures to stop or to prevent the violation of human rights of
African citizens, and to encourage governments and state actors to protect
the rights of citizens as defined by international treaties in general and by
the Charter in particular.
25. It is also the Respondent State’s contention that the Applicant was not the
rightful owner of the property in question, and neither did he acquire it at
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