Vil.
CONSIDERATIONS
APPLICATION
32.
OF THE COURT
ON ADMISSIBILITY OF THE
FOR REVIEW
Pursuant to Article 28 of the Protocol, the Court may review its decision.
According
to this Article,
“2. The judgement of the Court decided by majority shall be final and not subject to appeal.
3. Without prejudice to sub-article 2 above, the Court may review its decision in the light of
new evidence under conditions to be set out in the Rules of Procedure”
33.
Rule 67 (1) of the Rules
Protocol,
a party may
of Court states that “...pursuant to Article 28 (3) of the
apply to the Court to review
its judgement
in the event of the
discovery of evidence which was not within the knowledge of the party at the time the
judgement was delivered.
Such application shall be filed within six (6) months after
that party acquired knowledge of the evidence so discovered”.
34.
Rule 67 (3) of the same
Rules of Court provides that “...the Court shall rule on the
admissibility of such application and its decision shall take the form of a judgement”.
35.
The Court will now examine the requirements concerning time limit and the discovery
of new evidence.
36.
With respect to the discovery of new evidence, the Applicants affirmed on page 3,
paragraph
h of their Application that:
produced
the
following
documents
“VWWe have come
as
listed
in
across such evidence
paragraph
18
of this
...” and
Judgment,
including:
i.
Letter dated 5 October 2011, from the
former employees of the EAC to the
Chief Justice of Tanzania;
ii.
13|
Reply letter from the Office of the Chief Justice dated 1 November 2011;