Atemnkeng v African Union (Application 14 of 2011)

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

The Court refused the Applicant's application for leave to file additional submissions because the application was unfounded, did not explain the basis for the additional submissions, provided no new elements, and violated Rule 50 of the Rules of Court which requires leave before filing additional evidence after closure of pleadings.

Outcome

Application for leave to file additional submissions refused

Facts

The Applicant, a Cameroonian citizen and staff member of the African Union Commission, filed an application on 18 October 2011 challenging Article 34(6) of the Protocol to the African Charter, alleging it was contrary to the African Union Constitutive Act and the African Charter on Human and Peoples' Rights. After the Registry communicated the application to the Respondent and the parties exchanged pleadings, the Registry informed the parties on 25 June 2012 that pleadings were closed. On 27 June 2012, the Applicant submitted an application for leave to present additional submissions and, without awaiting the Court's decision, filed additional submissions on the same date.

Issues

1. Whether the Applicant's application for leave to file additional submissions should be granted under Rule 50 of the Rules of Court.

Orders

• The Applicant's application for leave to make additional submissions is refused.

Rules and key headnotes

Legislation cited (1)

• Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights Article 34(6)

The original judgment as reported. Read the original PDF before relying on any passage.