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The Supreme Court held that an inadmissibility objection can be raised at any stage, but Ngomanziza’s claim was for execution of a decision, not annulment.
The Supreme Court held that only the first administrative appeal is considered for purposes of calculating the time limit to file a claim. Gakwaya's administrative appeal was lodged on 25 September 2008, and he did not receive a response within two months, so the six-month period to file a claim began to run from that date. Gakwaya filed his claim after the expiry of this period, making his claim inadmissible under the law.
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