Court has based its evaluation for this assessment, on the situation of the
Applicants,
remedies,
including
whether
or if they were
they
attempted
to exhaust
lay, indigent, incarcerated
extraordinary
persons who had
not
benefited from free legal assistance."
43.The
Court has also taken
into consideration the fact that the Applicant
attempted to exhaust extraordinary remedies. In the instant case, the Court
notes that the Applicant claims to have submitted the Notice for Review
before the Court of Appeal on 9 January 2013. The Respondent State rebuts
this allegation,
claiming
that the Applicant
has not submitted
before
this
Court the copy of the said Notice.
44.According
to
the
general
principle
of
law
espoused
in
the
Court’s
jurisprudence, the Court has consistently held that the burden of proof lies
with the person who alleges a fact.’? In the instant case, the Applicant
alleges that, on 9 January 2013,
he filed a Notice for Review through the
District Registrar of the High Court of Tanzania at Tanga, with Ref. No.
TAN/209/TAN/I/IV54. The Court notes that the Applicant has not furnished
the Court with a copy of the said notice nor has he provided any justification
for not doing so. The Court further notes that the Notice for Review to which
the Applicant refers was filed at the High Court on 9 January 2013, and not
the Court of Appeal as the Applicant alleges.
45.The Court considers therefore that the allegation that the Applicant filed a
Notice
for Review
at the
Court
of Appeal
has
not
been
established.
Accordingly, this factor cannot be considered in establishing whether or not
the Application was submitted within a reasonable time.
Werema and Another v United Republic of Tanzania (merits) (2018) 2 AfCLR 520, §§ 40-50; and Alex
Thomas v Tanzania (merits), §§ 73-74.
11 See Alex Thomas v Tanzania (merits), § 74. See also Jibu Amir Mussa and Saidi Ally alias Mang’ara
v United Republic of Tanzania, AfCHPR, Application No. 014/2015, Judgment of 28 November 2019
(merits), § 50; Christopher Jonas v Tanzania (merits), § 53; and Mohamed Abubakari v Tanzania
(merits), § 92.
12 See Kennedy Owino Onyachi and Charles John Mwanini Njoka v United Republic of Tanzania
(merits)
(2017)
2 AfCLR
65, § 142;
Robert John
Penessis
v United Republic of Tanzania,
AfCHPR,
Application No. 13/2015, Judgment of 28 November 2019, § 91; and Alex Thomas v Tanzania (merits),
§ 140.
13