being the commencement of the time limit within which it shall be seized
with the matter.”
59. As the Court has established, the reasonableness of the period for seizure
depends on the particular circumstances of each case and must be
determined on a case-by-case basis.19 In the present case, the Applicants
filed their Application on 6 March 2020 while the Court of Appeal delivered
its judgment on 15 October 2019. A total of four (4) months twenty (20) days
thus lapsed between the Court of Appeal’s judgment and the filing of the
Application and it is this period that the Court must consider for purposes of
determining reasonableness under Rule 50(2)(f) of the Rules. Given the
period at stake in this Application, the Court holds that the Application was
filed within a reasonable period of time within the meaning of Rule 50(2)(f)
of the Rules.
60. The Court also observes that the Application does not deal with matters or
issues previously settled by those States involved in accordance with the
principles of the Charter of the United Nations, the Constitutive Act of the
African Union or the provisions of the Charter. It thus holds that the
Application complies with the requirements of Rule 50(2)(g) of the Rules.
61. Given all of the above, the Court holds that the Application, except in so far
as it concerns section 4(1) of the NEA, meets all the admissibility
requirements in Article 56 of the Charter which are reiterated in Rule 50(2)
of the Rules and declares it admissible.
VII. MERITS
62. The Court must determine whether or not sections 6(1), 7(1), 7(2) and 7(3)
of the NEA violate the Applicants’ rights. Although the Applicants have
framed four (4) separate violations, corresponding to the four (4) sections of
19
Anudo Ochieng Anudo v. United Republic of Tanzania (merits) (22 March 2018) 2 AfCLR 248, § 57.
17