(4) years and 10 months in which the Applicant filed the Application is much
more than the six (6) months regarded as reasonable time.
47.Fhe Applicant refutes the Respondent's assertion, indicating firstly that the
Application was filed on 11 May 2015, and not on 28 January 2015. He
argues further that the Court's jurisprudence shows that the
assessment of the reasonable time for the filing of applications is
made on a case-by-case basis; that such was the Court's position in
Alex Thomas v. United Republic of Tanzania, in which the Court took
into account the special situation in which the Applicant found
himself, namely, that he was illiterate, indigent, incarcerated and
without legal assistance, and decided that the timeframe within
which the Applicant filed the Application was reasonable,
48.The Court notes that Article 56 (6) of the Charter does not set a deadline
within which applications should be filed.
49. Rule 40 (6) of the Rules which reproduces the substance of Article 56(6) of
the Charter, only speaks of a "reasonable time from the date local remedies are
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".
50.The Court notes that the local remedies were exhausted on 27 March 2009,
being the date on which the Court of Appeal delivered its judgment. lt
however also notes that as at that date, the Respondent had not deposited
the declaration accepting the jurisdiction of the Court to receive cases from
individuals as per Article 34 (6) of the Frotocol. The Court therefore holds
that it would not be reasonable to regard the time frame for seizure of the
Court as running from the date prior to the deposit of the said declaration,
that is,29 March 2010.
51.Since the Application was filed on 11 May 2015, the Applicant thus seized
the Court in five (5) years, one (1) month and twelve (12) days. The question
here is whether this time frame can be regarded as reasonable within the
meaning of Article 56 (6) of the Charter
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