is declared incompetent. Indeed the bottom has fallen out of the entire
Application and it can hold no water. The Court therefore holds that the
Application is inadmissible and is consequently dismissed in its entirely.
IX. COSTS
53.Article 66 (1) of the Rules provides, “A decision as to costs shall be given
in the final judgment or in the order, which closes the proceedings.”
54.In line with Article 66(4) of the Rules which provides that “Where each
party succeeds on some and fails on other heads, or where the
circumstances are exceptional; the Court may order that the costs be
shared or that the parties bear their own costs”, the Court holds that each
Party shall bear their own costs.
X. OPERATIVE CLAUSE
For the reasons stated above, the Court sitting in public after hearing both parties:
As to jurisdiction:
i. Declares that it has jurisdiction to hear the Application;
As to admissibility:
ii. Declares that the Application is inadmissible;
iii. Dismisses the Application in tis entirely;
As to costs
iv. Orders each Party to bear their own costs.
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