4
four (4) years, nine (¢) months and twenty three (23) days elapsed between 29
March 2010 and 19 January 2015 when
the Applicant filed his Application
before this Court.
64. The issue for determination is whether the four (4) years, nine (9) months and
twenty three (23) days that the Applicant took to file his Application before the
Court is reasonable in terms of Article 56(6) of the Charter and Rule 40(6) of
the Rules and
65.As regards
considering
the circumstances of this case.
the reasonableness of the time limit, the Court considers that the
Respondent State erred by relying on the position adopted by the Commission
in the Majuru
Case
to allege that the applicable time limit for
filing
an
application after the exhaustion of the local remedies is six months.'”
66. The Court recalls in this regard that, as it held that “the reasonableness of a
time limit of seizure will depend on the particular circumstances of each case
and
should
circumstances
be
determined
that the Court
on
a
case-by-case
has taken
basis.”"®
into consideration
Some
with
of the
respect to
Applicants include: imprisonment and being lay without the benefit of legal
assistance.'°
67. In correlating the elapsed time with the situation of the Applicants, this Court
also notes that in its judgments
in Amiri Ramadhani
v. Tanzania®®
and
Christopher Jonas v Tanzania”’, it held that the period of five (5) years and one
(1) month was reasonable owing to the fact that both Applicants were in prison,
7 See Lucien Ikili Rashidi v. United Republic of Tanzania
28 March 2019, (merits and reparations), § 52-53.
*8Norbert Zongo and Others v. Burkina Faso (preliminary
Armand Guehi v. United Republic of Tanzania (merits
Another v. United Republic of Tanzania (merits) § 49;
AfCHPR; Application No. 001/2017. Judgment of 28 June
A(CHPR Application No. 009/2015. Judgment of
objections), § 121.
and reparations) § 56; Werema Wangoko and
Alfred Agbesi Woyome v. Republic of Ghana
2019 (merits and reparations), §§ 83-86.
Amiri Ramadhani v. United Republic of Tanzania (merits) (2018) 2 ATCLR 344, § 50.
2Christopher Jonas v. United Republic of Tanzania (merits), § 54.
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