On Costs
143.
The Respondent prays this Court to order the Applicants to pay
its cost.
144.
The Court
notes that Rule 30 of the Rules of Court provides
that “unless otherwise decided by the Court, each party shall bear its
own
costs”.
Taking
into account
all the circumstances
of this case,
the Court is of the view that each party shall bear its cost.
145.
On these grounds,
The Court:
1. On
its jurisdiction,
by
majority
of
nine
(9)
to
one
(1),
Justice
Ouguergouz dissenting:
i.
Overrules the Respondent's objection to its jurisdiction;
ii.
Declares that it has jurisdiction to hear the Application;
2. Unanimously,
pleadings,
the
declines the Applicants’
Respondent's
request to expunge from the
Response
grounds that it was filed out of time.
the Application
on
the
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