the Government of the United Republic of Tanzania has not violated article 3 iii) of the Charter. the Government of the United Republic of Tanzania has not violated article 6 ivy of the Charter. v) the Government of the United Republic of Tanzania has not violated article 7 (1) of the Charter. the Government of the United Republic of Tanzania has not violated article 7 vi) (2) of the Charter. vii) the Applicants request for Reparations be denied. viii) this Application be dismissed in its entirety. ix) the Applicants are denied all reliefs sought. " VI. JURISDICTION OF THE COURT 25. Pursuant to Rule 39 (1) of the Rules, the Court "shall conduct preliminary examination of its jurisdiction ... " 26. In its submissions, the Respondent raised objections to the material and personal jurisdiction of the Court. Accordingly, the Court shall first address these preliminary objections to establish its competence to examine the instant matter. A. Objections to Material Jurisdiction i) Respondent's Submissions 27. The Respondent objects to the material jurisdiction of the Court averring that neither Article 3 (1) of the Protocol nor Rule 26 (1) (a) of the Rules allows the Court to sit as a court of first instance or as an Appellate Court. The Respondent argues that the instant Application contains allegations that require this Court to sit both as a first instance and an appellate court. 28. The Respondent submits that, the Applicants are raising the following allegations for the first time before this Court and, their determination would require the Court to sit as a court of first instance: 9