00062 3
37.The Applicant contends that his case at the domestic courts ended on 1g June 2013,
referring to the civil procedure of taxation of his bill of costs vide receipt No.
50456103. He points out that the Application before this Court was filed on 23
November 2015 and believes the time lapse was only two years.
38.The Court notes that the Respondent State contests the admissibitity of the
Application on the basis of not having been filed within a reasonable time after
exhaustion of local remedies. The Court observes however, that it is incumbent on
the Court to first satisfy itself that local remedies have been exhausted before
determining the requirement of filing within a reasonable time after exhaustion of the
said remedies. This is because an adverse finding as to the exhaustion of local
remedies would render the exercise of determining whether the Application was filed
within a reasonable time superfluous. Therefore, the Court will decide whether the
Applicant exhausted local remedies.
39.The Court recalls its jurisprudence that an Applicant is only required to exhaust
ordinary judicial remedies so as to be in compliance with Rule 40(5) of the Rules
where such remedies are available and not unduly prolonged.s ln this regard, the
Respondent State has submitted previously to this Court that it has a mechanism
where aggrieved parties can challenge violations of human rights. The Respondent
State has stated that it enacted the Basic Rights and Duties Act to empower the High
Court with jurisdiction over petitions of human rights violations.6
40.|n the instant Application, the Court notes that the Applicant filed a civil case
concerning breach of contract in the High Court in Civil Case 163 Of 2000 on 1g
August 2008. The Applicant further filed an appeal against the High Court's decision
to the Court of Appeal on 21 September 2010. The case was reverted to the High
Court for assessment of damages and the High Court on 4 April 201 1 made an award
of six (6) million Tanzanian shillings (Tzs 6,000,000) in favour of the Applicant.
5
6
See Mtikila v Tanzan la (Merits) 982. 1 ; A/ex Thomas v Tanzania (Merits) g 64
Armand Guehi v Tan zanra (Merits
Reparation
4, Kennedy lvan v Tanzania (Merits and Repara
s37
t2
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