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heart and structure of the institutions of a Partner State of the East
African Community (EAC). For that reason, the Court should consider
the interest of justice and that of the Partner State and should give the
Partner State an opportunity to present its side of the case, so that the
Court can assess both sides in order to ascertain whether the alleged
conduct actually amounts to a violation of the Treaty.
Mr. Mbogoro opposed the application. His stance was that the reasons
advanced by the Respondent for the delay were insufficient.
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Firstly, he contended that any serious lawyer should have been able to
do research, to consult and file a response within the 45 days allowed
under the Rules.
Secondly, it was Mr. Mbogoro’s contention that the sub‐judice issue
could not operate as an obstacle to delay the filing of the response as it
could have been raised as a preliminary objection to the Reference.
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He argued further that the inability of the Respondents to find the
Registrar was not a plausible reason as the Registry itself was open and
could be accessed. The Registrar may have been on leave but his office
was not.
Finally, he prayed for costs in the event that the Court grants the
application.
Applications for extension of time are provided for under Rule 4 of the
Rules of this Court. It provides that:
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“ A Division of the Court may for sufficient reason extend the time
limited by these Rules to or by any decision of itself for the doing of an
act authorized or require by these Rules, whether before or after the
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