000516 That the Application be dismissed in accordance to Rule 38 of the Rules of court. That the Applicant's prayers be dismissed VI vil V. 19. That the costs of this Application be borne by the Applicant." JURISDICTION OF THE COURT The Court observes that Article 3 of the Protocol provides as follows "1 . The jurisdiction of the Court shall extend to all cases and disputes submitted to it concerning the interpretation and application of the Charter, this Protocol and any other relevant Human Rights instrument ratified by the States concerned. 2. ln the event of a dispute as to whether the Court has jurisdiction, the Court shall decide." 20. The Court further observes that in terms of Rule 39(1) of the Rules: "The Court shall conduct preliminary examination of its jurisdiction 21. .. .". On the basis of the above-cited provisions, the Court must, preliminarily conduct an assessment of its jurisdiction and dispose of objections, if any, to its jurisdiction. A. Objection to material jurisdiction 22. The Respondent State argues that the Application does not comply with the provisions of Article 3(1) of the Protocol and Rules 26 and a\e) of the Rules as the Applicant is calling for the Court to sit as an appellate court and reconsider matters of evidence determined by the Court of Appeal of Tanzania, the highest Court in the Respondent State. The Respondent State refers to the Court's decision in Ernesf Francis Mtingwi v. Republic of Malawi that it does not have appellate jurisdiction to consider appeals on cases already decided on by domestic and regional courts 7