Application was filed on 20 June 2018 – a period of four (4) year thus
elapsed. However, the Court also notes that the Applicant filed an
application for review of the Court of Appeal’s decision, which was
dismissed on 25 August 2017. The period between the dismissal of the
Applicant’s application for review and filing before this Court, therefore, is
nine (9) months and twenty-six (26) days.
48. In its jurisprudence, the Court has held that applicants who file review
proceedings against apex court decisions must do so within the applicable
statutory frameworks and should not be penalised for utilising an avenue
available within the legal system.13 In the present case, the Court notes,
from the record, that the Applicant’s application for review bears a serial
number from 2014 which indicates that it was filed within the same year after
the Court of Appeal had dismissed his appeal.
49. The Court also notes that the Applicant represented himself at all stages of
proceedings before domestic courts and is doing same in the present
proceedings.14 The Court finds, therefore, that the reasonableness of time
for filing, in this case, must be computed from the date on which the Court
of Appeal dismissed the Applicant’s application for review. It thus holds that
the period of nine (9) months and twenty-six (26) days that it took the
Applicant to file this Application is reasonable within the meaning of Rule
50(2)(f).15
50. The Court also finds 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, the
provisions of the Charter or of any legal instrument of the African Union in
fulfilment of Rule 50(2)(g) of the Rules.
13
Leonard Moses v. United Republic of Tanzania, ACtHPR, Application No. 033/2017, Ruling of 5
September 2023, § 55.
14 Thomas v. Tanzania (merits), supra, § 73; Jonas v. Tanzania (merits), supra, § 54; Amir Ramadhani
v. United Republic of Tanzania (merits) (11 May 2018) 2 AfCLR 344, § 83.
15 Sébastien Germain Ajavon v. Republic of Benin, ACtHPR, Application No. 065/2019, Judgment of
29 March 2021 (merits and reparations), §§ 86-87.
13
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