000509
procedure provided in the Respondent State's Constitution for the enforcement
of fundamental rights, seeking to be allowed to file his appeal without the records
of proceedings and the judgments but this was dismissed for lack of merit.
47.
The Court thus finds that though local remedies were available, the Applicant,
was unable to utilise them due to the Respondent State's omission and failure to
provide him with the necessary documents.
48. The Court therefore dismisses the Respondent State's objection to
the
admissibility of the Application for lack of exhaustion of local remedies.
B
Conditions of admissibility not in contention between the Parties
49. The Court
notes that following its finding that local remedies were not available
to the Applicant to exhaust, the issue of compliance with Article 56(6) of the
Charter as restated in Rule 40(6) of the Rules on the filing of an application within
a reasonable time following the exhaustion of local remedies becomes moot.
50.
The Court notes that there is no contention regarding the compliance with the
conditions set out in Article 56, sub-articles (1), (2), (3), (4) and (7) of the Charter
on, the identity of Applicant, the language used in the Application, compliance
with the Constitutive Act of the African Union, the nature of the evidence adduced
and the previous settlement of the case, respectively.
51.
The Court further notes that nothing on the record indicates that these conditions
have not been met and therefore holds that the Application meets the
requirements set out under those provisions.
Tanzania Judgment") SS 66 - 70; Application No.01 112015. Judgment of 2810912017 , Christopher Jonas v
United Republic of Tanzania, S 44.
S