reinstate the ban on transactions of land in the Mau Fore
st Complex
and to follow up on implementation in accordance with Rule
51 (5).
11 .
The request is brought in terms of Article 27(2) of the
Protocol
and Rule 51 of the Rules of Cou rt. Article 27(2) prov
ides that " In
cases of extre me gravity and urgency, and when nece
ssary to avoid
irreparable harm to persons, the Cou rt shall adop t such
provisional
measures as it deem s necessary";
12.
The Registry served the request on the Respondent by
its letter
dated 7 Janu ary 2013 , inviting the Respondent to
submit any
com men ts it had regarding the Applicant's request withi
n thirty (30 )
days of the receipt of the letter. The Respondent rece
ived this letter
on 17 Janu ary 2013 .
13.
The said time limit expired on 16 February 2013
, and
Respondent has, to date , not responded to the request
for provisional
measures.
14.
By letter dated 21 February 2013 , the Registry infor
med the
Respondent that the Cou rt will , at the 28 1h Ordinary Sess
ion , consider
the Applicant's request for provisional measures.
Again , the
Respondent has not, to date , responded .
15.
In dealing with any application, the Court has to ascertain
that it
has jurisdiction under Articles 3 and 5 of the Protocol ;
16.
How ever, before ordering provisional mea sure s, the Cour
t need
not satisfy itsel f that it has jurisdiction on the merits of
the case , but
simply need s to satisfy itsel f, prima facie , that it has juris
diction;
17.
The Court note s that Article 3(1) of the Protocol prov
ides that
lithe jurisdiction of the Cou rt shall extend to all cases
and disputes
submitted to it concerning the interpretation of the
Cha rter, this
Protocol and any othe r relevant human rights instrume
nt ratified by
the States concerned";
18.
The Cou rt furth er notes that the Respondent ratifi
ed the
Cha rter, which cam e into force on the 21 st of Octo ber
1986, on the
23rd of Janu ary 1992 and deposited its instruments of
ratification on ~· D ..
5
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