his application for review of the Court of Appeal’s judgment in accordance
with Rule 65(1) of the Court of Appeal Rules of 2009.
43. The Respondent State further stresses the requirement of exhaustion of
local remedies by citing the jurisprudence of this Court in Urban Mkandawire
v. Malawi and Peter Joseph Chacha v. Tanzania, as well in Peter Joseph
Chacha v. Tanzania in which the Court dismissed the Applications for failure
to the said requirement.
44. The Respondent State submits that the Applicant never attempted to
exhaust local remedies prior to filing the present Application, and as such,
did not provide the Respondent State with an opportunity to remedy the
alleged violations. It therefore argues that it is inappropriate for the Applicant
to raise these issues before this Court, as they could have addressed them
in the national judicial system of the Respondent State.
45. It avers that such remedies are available to the Applicant and that there is
no delay when using them. The Respondent State therefore prays the Court
to dismiss the Application for non-exhaustion of local remedies.
*
46. The Applicant on his part refutes the Respondent States argument and
avers that local remedies were fully exhausted when the Court of Appeal,
being the highest court of the Respondent State, dismissed his appeal. In
support of his submission, the Applicant refers the Court’s decision in Nguza
Viking v. Tanzania where the Court held that, “[t]he domestic judicial
authorities thus had ample opportunity to address these allegations even
without the Applicants having raised them explicitly. It would therefore be
unreasonable to require the Applicants to file a new application before the
domestic courts to seek redress for these claims.”10
10
Nguza Viking v. United Republic of Tanzania (merits) (23 March 2018) 2 AfCLR 287, § 53.
12