000829 53. ln Godfred Anthony and another v united Republic of ranzania, however, the Court held that a period of five (5) years and four (4) months was an unreasonable lapse of time before the filing of an application. ln the preceding case, the court reasoned that while the applicants were incarcerated and therefore restricted in their movements they had not "asserted or provided any proof that they are illiterate, lay, or had no knowledge of the existence of the Court.13 The Court concluded that while it has always considered the personal circumstances of applicants in assessing the reasonableness of the lapse of time before the filing of an application, the applicants had failed to provide it with material on the basis of which it could conclude that the period of five (5) years and four (4) months was reasonable. 54. 14 ln the present case, the court notes that the Applicant has indicated that he is "an indigent incarcerated person operating without legal assistance or legal representation ..." The Applicant has also stated that he is a peasant. The court observes, however, that aside from the blanket assertion of indigence the Applicant has not attempted to adduce evidence explaining why it took him five (5) years and Six (6) months to file his Application. 55. The Court notes that unlike the applicants in Amiri Ramadhaniv United Republic of Tanzanials and Christopher Jonas v lJnited Republic of Tanzama the Applicant in the present case had legal representation in pursuing his appeals both before the High court and the court of Appeal. ln the absence of any clear and compelling justification for the lapse of five (5) years and six (6) months before the filing of the Application, the court finds that this Application was not filed within a reasonable time within the meaning of Article 56(6) of the Charter which requirement is restated in Rule 40(6) of the Rules. 56. The Court recalls that the conditions of admissibility under the Charter are cumulative such that if one condition is not fulfilled then the Application becomes t3 Application No. 015/2015. Ruting of 26109/19, (Jurisdiction and Admissibility) 48 S /Dd S 49. 15 Amiri Ramadhani v. tJnited Repubtic of Tanzania, supra note i 0 g 50. 14 '1.4

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