pleadings submitted by the Applicant. The Court concludes thus, that the
defaulting party was duly notified.
27.On
the basis of the foregoing, the Court will now determine whether the
other requirements under Rule 55 of the Rules are fulfilled, that is: it has
jurisdiction, that the application is admissible and that the Applicant's claims
are founded in fact and in law.
Vi.
JURISDICTION
28.Pursuant to Article 3(1) of the Protocol, "The jurisdiction of the Court shall
extend to all cases and disputes submitted to it concerning the interpretation
and application of the Charter, this Protocol and any other relevant human
rights instrument ratified by the States concerned". Furthermore, under Rule
39 (1) of its Rules, "the Court shall conduct a preliminary examination of its
jurisdiction ...”.
29. After a preliminary examination of its jurisdiction and having found that there
is nothing in the file to indicate that it does not have jurisdiction in this case,
the Court finds that it has:
i.
material jurisdiction
by virtue of the fact that the Applicant
alleges
a
violation of Articles 7(1)(a)(d) and 26 of the Charter, Articles 2(3)(c) and
14(1) of the ICCPR to which the Respondent State is a party and Article
10 of the UDHR?.
2See Anudo Ochieng Anudo v. United Republic of Tanzania, (merits) (2018) 2 AfCLR 248, §76; Thobias
Mang’ara Mango and Shukurani Masegenya Mango v. United Republic of Tanzania (merits) (2018) 2
AfCLR 314, §33.