44. The Applicant raised an objection to the effect that the Respondent State
filed its Statement of Defence out of time, contrary to Article 35 (1) of the
Rules of Court, which provides a time limit of one month after service of an
application for a defence to be filed. The Applicant submitted that the
Respondent State was served with the initiating Application on 10 February
2017, but filed its Defence on 14 March 2017, by which time the time limit of
one month provided by the Rules of Court had elapsed. He then requested that
the Court should reject the Defence of the Respondent State.
45. The Respondent on its part asserted that the defence was filed within the
time limits prescribed by the Rules of Court same having been sent
electronically to the Registry on 10 March 2017 and acknowledged same day
by the Registry. Furthermore a copy was sent via a courier service –DHL to
the Registrar.
Analysis of the Court
46. The relevant Rule of the Court on which this Preliminary Objection is
premised is Article 35(1) of the Rules of Court provides,
“Within one month after service on him of the application, the defendant
shall lodge a defense….”
Article 35(2) provides as follows:
“The time limit laid down in paragraph 1 of this Article may be extended by
the President on a reasoned application by the defendant”
The Court notes that the Rules of Court is an essential guide to the conduct of
its proceedings and they should be treated as sacrosanct. The time limit
provided by the Rules for parties to make their submissions enables the Court
to deal with cases before it expeditiously in order for justice to be served, as
justice delayed is justice denied. Based on the provisions of the Rules of this
Court, a defendant is expected to file a defence at the Registry of the Court,
within one month after service on him/her. The only exception to this Rule is
when the President of the Court extends the time limit, after considering an
application for extension by the defendant.
47. The guiding Rules on this matter is of Article 32 (6) of the Rules of Court
which stipulates thus;
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