ssss77
45. The Court notes that Article 56(6) of the Charter does not specify any time frame within
which a case must be filed before this
court.
Rule 40 (6) of the Rules, which in
substance restates Article 56(6) of the Charter, simply states: "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 with the matter." The Court
recalls its established jurisprudence that:
".
..
the reasonableness of the timeframe for
seizure depends on the specific circumstances of the case and should be determined
on a case-by-case basis."8
46.The records before this Court show that local remedies were exhausted on 14 April
201 1 , when the Court of Appeal delivered its judgment. ln principle, this should be the
date from which reasonable time limit as envisaged under Rule 40(6) of the Rules and
Article 56 (6) of the Charter, should be reckoned.
47.1n the instant case, the Application was filed before this Court on 6 July 2015, that is,
four (4) years and two (2) months and twenty three (23) days after exhaustion of local
remedies. The key question for determination is whether such delay of four years and
two months is, in the circumstances of the case, reasonable in terms of Rule 40 (6) of
the Rules.
48. The Court notes from the file that the Applicants, following the dismissal of their appeal
by the same, filed an application for review before the Court of Appeal on 19 April
201 '1 , which was dismissed on 20 March 2015. The Court observes that the Applicants
pursued the review procedure even though it was an extraordinary remedy.
49. ln the opinion of this Court, the fact that the Applicants attempted to exhaust the
review procedure should not be used to their detriment and should accordingly be
e See Beneficiaries
of late Norbeft zongo, Abdoulaye Nikiema alias Ablasse,Ernest Zongo, Btaise ttboudo
and Mouvement Burkinabe des Droifs de I'Homme et des Peuptes v Burkina Faso (merits) (2014) 1 AfCLR
219 opcit, $ 121, Kenedy lvan v Tanzanr,a (Merits and Reparations) g 51 , Oscar Josiah v Tanzania
(Merits)"), $ 24, Judgmenl of 2810312019 (Merits). Lucien lkiti Aashiai v United Repubtic Tanzania
(hereinafter "Lucien lkili Rashidi v Tanzania (Merits and Reparations)',), g 54.
13
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