commencement of the time limit within which it shall be seized with
the matter; and
(g) not raise any mater or issues previously settled by the parties in
accordance with the principles of the Charter of the United
Nations, the Constitutive Act of the African Union, the provisions
of the Charter or of any legal instrument of the African Union.
43. The Court notes that in the instant case, the Respondent State raises two
objections to the admissibility of the Application, which are based on nonexhaustion of local remedies (A) and failure to file the Application within a
reasonable time (B).
A. Objection based on non-exhaustion of local remedies
44. The Respondent State submits that the Applicants allege before this Court
violations of their rights which were never raised before domestic courts in
order to give it an opportunity to remedy them. It is the Respondent State’s
contention that, at the national level, the Applicants seized the domestic
courts seeking compensation for loss of customary rights over a plot of land
which they claimed belonged to them, whereas the present Application
concerns alleged violations that were committed in connection with
domestic proceedings before the Supreme Court and are therefore
detachable from the claim for compensation for loss of customary rights.
45. The Respondent State therefore prays the Court to declare the Application
inadmissible for failure to comply with the requirement of Article 56(5) of the
Charter.
46. The Applicants did not respond to this objection.
***
47. The Court notes that, in accordance with Article 56(5) of the Charter, which
is essentially restated in Rule 50(2)(e) of the Rules, applications submitted
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