from Article 42 of the Treaty and, to the extent that they regulate the
detailed
conduct
of the
Court's
business,
they
do
compliment
and
operationalize the function of the Court as stipulated in Articles 23(1)
and 30 of the Treaty.
35. We
take the most considered
terms
that
postulate
that
view that Article 42(1)
whereas
the
Treaty
is couched
makes
in
general
provisions for the institutionalization of the Court, the detailed conduct
of the Court's
provided
business
or the Court's
for in its Rules
implementing
routine
of Procedure.
the Court’s mandate,
operations
Therefore,
the Treaty must
read together with the Court’s Rules of Procedure.
seems
abundantly
would
be
for purposes
of
be applied
and
In that regard, it
clear to us that the time limit stipulated
in Article
30(2) of the Treaty would be computed in the manner outlined in Rule
3(1)(d) of the Court's Rules.
36. Before
we
take
leave
of
We so hold.
this
issue,
we
deem
it necessary
to
distinguish the cases cited by learned Counsel for the Respondent on
the
issue
decisions
of limitation
in Independent
Ndayizamba
(supra).
Article
30(2),
therein
as
continuing
fixed
and
violations
We
Medico
have
Legal
carefully
Unit
considered
(supra)
and
the
Hilaire
Both cases addressed the import and scope of
categorically
advanced therein.
We
of time.
designating
binding,
on
and
account
the
negating
of the
time
any
principle
limit
prescribed
considerations
of legal
certainty
We do most respectfully abide by those positions.
hasten to add, however, that the matter under consideration
the present
of
Reference
is not the scope or import of Article 30(2) of
the Treaty but, rather,
how the time limit prescribed
therein
may
computed.Clearly,
applicable
would
be
the
in
law in that regard
be
Rule
3(1)(d) of the Court's Rules.
Reference No.1 5 of 2014
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