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
incompetent in terms of its ratione materiae jurisdiction.
8- Objection to the admissibility of the Application due to noncompliance with Rule 40 of the Rules of Court
50.
According to the Respondent, the Application should be
declared inadmissible because it is at variance with conditions of
admissibility under Rule 40 of the Rules, read together with Article 56
of the African Charter .
1.) The identity of the Applic ants- 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 of Karata Ernest and Others v. Tanzania,
but the same was signed by other persons , not including Karata
Ernest himself. The Respondent argues that the Application is based
on Suit No. 95/2003 , bearing the title Karata Ernest and Others v.
Attorney General, which was pending before the High Court o
Tanzania. The Applicants allege that Mr Karata had inf~med this
16
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