WHETHER FROM THE TOTALITY OF FACTS PUT FORWARD, THIS COURT HAS THE JURISDICTION TO ENTERTAIN THIS SUIT AS CONSTITUTED AND CONCEIVED. The Crux of the Applicant’s case is premised on the Respondents failure to comply with the Judgment delivered on the 20th of April, 2005 by the Civil Law Court, Sixth Judicial Circuit, Montserrado County in Liberia awarding the sum of $15,900,000.00 in favor of the Applicants. The Respondent on the other hand though not disputing the existence of the judgment, contend that the said judgment was characterized by fraud and failed to comply with due process. To this end, the Respondent vide a notice of preliminary objection challenged the jurisdiction of the Court to entertain this suit, the capacity of the Applicant’s to institute this suit, having failed to adduce evidence of registration. Also the Respondent states that the action is statute barred same having been commenced more than three years after the cause of action arose, and that the principle of estoppel lies against the Applicant from enforcing the fraudulent Judgment. The Respondent further states that the application is now devoid of purpose, the judgment having been appealed against and prayed the Court to declare the Applicant’s application inadmissible as it is not indicative of a characteristic of violation of human rights and also on the grounds of the existence of an arbitration clause in the agreement between both parties which is binding on them. The Court is inclined to look into the issue of jurisdiction in two folds. On the first leg, the Court will consider its human rights mandate as it relates to the rights to fair hearing and right to property as alleged by the Applicant. On the second leg, the Court will consider whether it has the requisite jurisdiction to sit on appeal over decisions of national courts, and or compel a member state to enforce a judgment of its national court. Article 9(4) of the 2005 Supplementary Protocol provides “The court has jurisdiction to determine cases of violation of human rights that occur in any member state” In Hissien Habre V Senegal (2010 CCJELR) pg.65, this court held: "that to decide whether or not it has jurisdiction to hear a case, it has to examine if the issue submitted deals with the rights enshrined for the benefit of the human person and arising from the international or community obligation of the state as human rights 6

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