the course of proceedings before the domestic courts and the Respondent
State cannot therefore claim that it became aware of the claim relating to
legal assistance for the first time in this Court.
38. In light of the above, the Court dismisses the objection herein and holds that
the Applicant has exhausted all the available domestic remedies.
ii. | Objection based on failure to file the Application within a reasonable time
39. The Respondent State argues that the period of sixteen (16) months, from
the time the Court of Appeal delivered its judgment, to when the Applicant
filed this Application is way beyond the reasonable time of six (6) months
suggested by the Commission in Majuru v. Zimbabwe (2008).
40.The
Applicant does
not make
a specific response
to this allegation
but
maintains that he filed the Notice of Motion for Review before the Court of
Appeal
on 9 January 2013,
which
the Respondent
State dismisses
by
contending that, the Applicant failed to submit before this Court the copy of
the said notice.
ae
41. The Court notes that Article 56(6) of the Charter does not stipulate a precise
time limit within which an Application shall be filed before the Court. Rule
40(6) of the Rules refers to a “reasonable time from the date local remedies
were
exhausted
or
from
the
date
set
by
the
Court
as
being
the
commencement of the time limit within which it shall be seized of the matter.”
42.The Court has established that the reasonable period to seize the Court in
accordance with Article 56(6) of the Charter and
depends
determined
on
the
on
particular
circumstances
a case-by-case
of
basis.’° Among
Rule 40(6) of the Rules
each
the
case
and
must
be
relevant factors,
the
10 Nobert Zongo v Burkina Faso (preliminary objections), § 121. See also Armand Guehi v United
Republic of Tanzania (merits and reparations) (2018) 2 AfCLR 477, §§ 55-57; Werema Wangoko
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