***
90. The Court observes that Rule 32(2) of the Rules provides that: “Unless
otherwise decided by the Court, each party shall bear its own costs, if any.”
91. Accordingly, the Court rules that in the circumstances of the case, each
Party shall bear its own costs.
X.
OPERATIVE PART
92. For these reasons:
THE COURT,
On jurisdiction
Unanimously,
i.
Dismisses the material objection to its jurisdiction;
ii.
Declares that it has jurisdiction.
On admissibility
By a majority of seven (7) for, and three (3) against, Justices Ben KIOKO,
Tujilane R. CHIZUMILA and Dennis D. ADJEI dissenting,
iii. Dismisses objection to admissibility;
iv. Declares that the Application is admissible.
On merits