On 15th February, 2018, the Court dismissed Appeal NO.3 of 2017 for the reason that the conduct of the Agent for the Appellant amounted to abuse of Court process within the contemplation of Rule 1(2) of the Rules of the Court.
On 5th March 2018, the Advocate for the Appellant filed a Notice of Motion seeking an order for Appeal No. 3 of 2017 to be reinstated and heard on the merits. The Motion was expressed to be made under Rules 107(2) and 1(2) of the Rules of the Court. The said Motion was fixed for Scheduling Conference on 9th May 2018 and all the Parties were notified of the Scheduling Conference. At the Scheduling Conference, neither Appellant nor his Advocate
appeared. All the Respondents, save the Republic of South Sudan, appeared at the Scheduling Conference and were represented by Counsel. All Counsel, save from the Republic of Uganda complained that they had not been served with the Application subject matter of the Scheduling Conference. Further, all Counsel, without exception, prayed
the Court to dismiss the Application with costs. The Court has taken note of the Application, the absence of the
Applicant and/or his Advocate, and the submissions of the learned Advocates for the Parties. Having done so, we are of the persuasion that the Application dated 5th March 2018 and lodged in the Registry on the same date should be dismissed with costs as being an abuse of the Court process for the following reasons.