14.2 Furthermore, what the Applicant presents as "new
piece of
information" is in fact neither new, nor "evidence ~~ at
all as
contemplated in Article 28 of the Protocol, or Rule 67 (1)
of the
Rules, as it purports to be the findings of the Court, conta
ined in
its judgment. The new evidence contemplated by the Artic
le and
the Rules is evidence, which was not previously known
by the
party concerned. Nothing contained in the Appl
icant's
submissions constitutes any ~'evidence " which was not know
n to
the party at the time the Court handed down its judgment.
15. The request for review satisfies the requirements of Rule
67(1) with
regard to the time limit of six (6) months within whic
h to file an
application for review of the judgment. However, it fails to
comply with
the requirements of Article 28 (3) of the Protocol, as well
as Rule 67 (1)
and (2) of the Rules.
16. Although the Respondent has not filed a reply to the
Application , this
does not cure the defects in the Application , or add to
it. For all the
reasons given above, the Court decides as follows:
1. The Applicant has complied with Rule 66(1 ) with rega
rd to the time
limit of 12 months within which to file an applicatio
n for
interpretation of a judgment;
2. The application for interpretation of the judgment fails and
is struck
out'
3. The Applicant has complied with Rule 67(1) with regard
to the time
limit of six (6) months within which to file an application
for review
of a judgment from alleged date of discovery of new facts
;
4. The request contained in the Application for the revie
w of the
Court's judgment of June 2013 is inadmissible and is struc
k o
The Court will not therefore go into the merits of the request.
I
9