49.
The Respondent argues that the Application therefore does not
fall within the provisions of Article 3(1) of the Protocol and Rule 26 of
the
Rules,
and
concludes
that
this
Court
should
declare
itself
due
non-
incompetent in terms of its ratione materiae jurisdiction.
B- Objection
to
the
admissibility
of
the
Application
to
compliance with Rule 40 of the Rules of Court
50.
According
declared
to
the
inadmissible
Respondent,
because
the
Application
it is at variance
with
should
be
conditions
of
admissibility under Rule 40 of the Rules, read together with Article 56
of the African Charter.
1.) The identity of the Applicants — Article 56(1) of the Charter
51,
The Respondent raises an objection to the admissibility of the
Application on the grounds that the real identity of the Applicants is
not known, contrary to Article 56(1) of the Charter.
52.
The Respondent submits that the Application before this Court
is brought under the name
but the
same
was
signed
of Karata Ernest and Others v. Tanzania,
by other
persons,
not
including
Karata
Ernest himself. The Respondent argues that the Application is based
on Suit No. 95/2003,
Attorney
Tanzania.
&
General,
The
bearing the title Karata
which
Applicants
was
allege
pending
that
Ernest and Others v.
before
Mr
Karata
the
had
High
Court
informed
Age ~
of
this
Ac