38. In the instant Application, the Court observes that the judgment of the Court
of Appeal was delivered on 20 February 2012 and the Applicant filed this
Application on 25 July 2016. The Court notes, in the circumstances, that
four (4) years, five (5) months and five (5) days elapsed between the date
of the Court of Appeal’s decision and the filing of the present Application.
The Court will therefore determine whether the period that the Applicant
took to file the Application is reasonable within the meaning of Article 56(6)
of the Charter.
39. As the Court has established, the reasonableness of the period for seizure
of the Court depends on the particular circumstances of each application
and must be determined on a case-by-case basis.11 Some of the
circumstances that the Court has taken into consideration include:
imprisonment, indigence and illiteracy.12 The Court has also taken into
consideration the time taken in the application for review of the Court of
Appeal’s decision.13
40. In the present case, the Applicant is incarcerated, restricted in his
movements and with limited access to information. Furthermore, on 30 April
2013, he filed an application for review of the Court of Appeal’s judgment,
which had been pending at the time of filing the Application. Taking into
account these circumstances, the Court finds the period of four (4) years,
five (5) months and five (5) days to be reasonable.
41. Finally, with respect to the requirement set out under Rule 50(2)(g) of the
Rules, the Court notes that the Application does not concern a case which
has already been settled by the Parties in accordance with the principles of
the Charter of the United Nations, the Constitutive Act of the African Union,
11
Anudo Ochieng Anudo v. United Republic of Tanzania (merits) (22 March 2018) 2 AfCLR 248, § 57.
Igola Iguna v. United Republic of Tanzania, ACtHPR, Application No. 020/2017, Judgment of 1
December 2022, § 35; Thomas v. Tanzania (merits), supra, § 73; Christopher Jonas v. United Republic
of Tanzania (merits) (28 September 2017) 2 AfCLR 101, § 54; Amir Ramadhani v. United Republic of
Tanzania (merits) (11 May 2018) 2 AfCLR 344, § 83.
13 See Werema Wangoko Werema and Waisiri Wangoko Werema v. United Republic of Tanzania
(merits and reparations) (7 December 2018) 2 AfCLR 520, § 49.
12
10