a) Irregularity as to the form of the Application non- provision
of address at the seat of the Court
37. It is the contention of the Respondent that the Application did not include
an address of the Applicants at the seat of the Court contrary to the
conditions laid down in Article 33 of the Rules of Court. They state that
according to the said Article, the Chief Registrar must set a deadline for
the Applicants to regularise their Application, otherwise their application
will be declared inadmissible.
38. The Respondent concludes that in the absence of regularization of their
Application within the required time limit, it should be declared
inadmissible for failure to observe the formal conditions laid down by
Article 33 of the Rules of Court.
39. The Applicants in their response to the Respondent’s objection as to form
stated that the Application fulfilled its purpose given that the Respondent
received same and filed a statement of defense within the time limit. That
their objection in this regard is therefore not justified.
*****
40. The Court notes that the Preliminary Objection of the Respondent hinges
on Article 33 of the Rules of Court. However, only sub-sections (1), (2),
and (6) of the said Article is relevant. The said sub-Articles are reproduced
as follows:
1. “An application of the kind referred to in Article 11 of the
Protocol shall state:
(a-e)...
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