000141
four (4) months was
a reasonable
period of time taken
to file
their
application before this Court. ln the circumstances, the Court finds that the
Application does not comply with the requirement under Rule 40(6) of the
Rules.
50.|n light of the foregoing, the Court holds that the Applicants have failed to
comply with Rule 40(6) of the Rules and upholds the Respondent State's
objection in this regard.
51. Having concluded that the Application was not ,filed within
a reasonable
time, the Court does not have to pronounce itself on whether other
conditions of admissibility enumerated in Rule 40 of the Rules have been
met, in as much as the conditions of admissibility are cumulative.ls
52. Based on the above, the Court declares the Application inadmissible
ut
COSTS
53. Rule 30 of the Rules provides that: "Unless otherwise decided by the Court,
each party shall bear its own costs."
54.The Applicants have not made any submissions on costs. However, the
Respondent State has prayed the Court to order that the Applicants to bear
the costs of the Application.
55. ln the instant case, the Court decides that each Party shall bear its own
costs.
18
See Application No. 02402016. Judgment ol 211312018 (Admissibility), Mariam Kouma and Ousmane
v. Republic du Mali, $ 63; Application No. 02212015. Judgment ot 111512018 (Admissibility),
Rutabingwa Chrysanthe v. Republic of Rwanda, g 48.
Diabatd
r.5
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