14.2
15.
Furthermore, what the Applicant presents as “new piece of
information” is in fact neither new, nor “evidence” at all as
contemplated in Article 28 of the Protocol, or Rule 67 (1) of the
Rules, as it purports to be the findings of the Court, contained in
its judgment. The new evidence contemplated by the Article and
the Rules is evidence, which was not previously known by the
party
concerned.
Nothing
contained
in
the
Applicant's
submissions constitutes any “evidence” which was not known to
the party at the time the Court handed down its judgment.
The request for review satisfies the requirements of Rule 67(1) with
regard to the time limit of six (6) months within which to file an
application for review of the judgment. However, it fails to comply with
the requirements of Article 28 (3) of the Protocol, as well as Rule 67 (1)
and (2) of the Rules.
16. Although the Respondent has not filed a reply to the Application, this
does not cure the defects in the Application, or add to it. For all the
reasons given above, the Court decides as follows:
1. The Applicant has complied with Rule 66(1) with regard to the time
limit of 12 months within which to file an application for
interpretation of a judgment;
. The application for interpretation of the judgment fails and is struck
out;
. The Applicant has complied with Rule 67(1) with regard to the time
limit of six (6) months within which to file an application for review
of a judgment from alleged
The request contained in
Court's judgment of June
The Court will not therefore
date of discovery of new
the Application for the
2013 is inadmissible and
go into the merits of the
facts;
review of the
is struck ouf.
request.