No rigid approach to determining whether jurisdiction or admissibility is first considered
Although the Court may first determine whether it has jurisdiction before considering
whether the matter before it is admissible (Tanganyika Law Society, The Legal and Human
Rights Centre v The United Republic of Tanzania, application 009/2011; Reverend
Christopher R. Mtikila v The United Republic of Tanzania, application 011/2011, judgment,
14 June 2013, Separate Opinion of Judge Ouguergouz, para 2 and Judge Niyungeko paras 45, the Court does not however adopt a rigid mechanical approach. There is no consensus that
the Court is naturally predisposed to consider the question of jurisdiction before admissibility
or vice versa (Separate Opinion of Judge Ngoepe, paras 2-3).