00049?
69.
ln the context of judicial procedures, the right to equality before the law and equal
protection of the law requires that everyone should be treated equally before
courts and tribunals. The Applicant has made a general claim that the denial of
the opportunity to file an appeal at either the High Court or the Court of Appeal
due to the Respondent State's failure to provide him with the certified true copies
of the records of proceedings and judgments of the District Court of Bunda has
resulted in a violation of this right.
70.
The Court reiterates that the Applicant bears the burden of proving this claim,s
but he has failed to show how his right to equality before the law and equal
protection of the law has been violated. The Court has stated that general claims
are not enough to establish that the Respondent State has violated a right.6
71. The Court therefore finds that the Respondent State has not violated the
Applicant's right
to equality before the law and equal protection of the law
provided under Article 3(1) and (2) of the Charter.
C.
Alleged violation of the right to non-discrimination
72.
The Applicant submits that by failing to provide him with certified true copies of
the record of proceedings and judgments, the Respondent State has violated his
right to non-discrimination as set out in Article 2 of the Charter.
73.
The Respondent State disputes this allegation and avers that the Applicant has
not proved it.
sApplication No.003/2015. Judgmentol 2810912017, Kennedy Owino Onyachi and Another
v United
Republic of Tanzania, S 1 40; Application No. 005/201 5. Judgment of 1110512018, Thobias Mango Mang'ara
and Shukurani Masegenya Mango v United Republic of Tanzania, S 104.
6
Alex Thomas v Tanzanra Judgment, S 140; Mohamed Abubakariv Tanzania Judgment, S 154; Kijiji lsiaga
v Tanzania Judgment, $ 86.
18
'q,
g6
s