the matter now before us. This is precisely what he is saying and is now
inviting us to buy his novel argument. With unfeigned respect to him, we
decline his invitation to do so.
59.On the contrary, we are in full agreement with Counsel for the 2nd
Respondent on his objection and further add that the principle of legal
certainty that was enunciated in the Omar Awadh case (supra) and the
Independent Medical Legal Unit case (supra) requires strict application.
60.In view of all the foregoing, we hasten to conclude that the Applicant
filed his Reference out of the prescribed time and that action consequently
spells out the obvious ;that the instant Reference has not complied with the
strict provisions of Article 30 (2) of the Treaty and having said so, we
hereby emphatically hold that it is time-barred and we shall make the
necessary orders at the end of this Judgment.
Issues Nos (ii), (iii) and ( iv )
61.In light of the above, we refrain from entertaining the remaining issues
for the one obvious and simple reason that the Reference is no longer
alive and any attempt at determining those issues will be a mere academic
exercise.
Conclusion
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