6.
be filed within a reasonable time from the date local remedies were exhausted or
from the date set by the Court as being the commencement of the time limit within
which it shall be seized with the matter; and
7.
not raise any matter or issue 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”.
A) Admissibility requirements not canvassed by the parties
53.
Requirements
in respect
of the
identity of Applicants,
the
compatibility
of the
application with the Constitutive Act of the African Union and the Charter, the language
used
in the application, the nature of evidence and the principle of non bis in idem,
(paragraphs 1, 2, 3, 4 and 7 of Rule 40 of the Rules) have not been raised by the parties.
For its part, the Court equally notes that there is no suggestion in the pleadings submitted
to it by the parties that any of these conditions has not been met.
Consequently,
the Court is of the opinion that the requirements
under consideration
herein have been fully met in the instant case.
B) Requirements relating to seizure of the Court
54. In its preliminary objections, the Respondent State had raised an objection to the
admissibility
of the application
on the grounds
that reasonable
time
had
not been
observed in submitting the application to the Court (Rule 40(6).
However,
in its Ruling of 21 June 2013, the Court dismissed that objection. (supra,
paragraph 32).
Consequently, the requirement regarding the time for submitting the case to the Court by
the Applicants has equally been met.
C) Objection to the admissibility of the application due to failure to exhaust local
remedies
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