88. In assessing the reasonableness of the length of domestic proceedings, the
Court takes into account the conduct of the Applicant and the due diligence
of the Respondent State in disposing of the proceedings.30 The Court has
emphasised that “there rests a special duty upon authorities of domestic
courts to ensure that all those who play a role in the proceedings do their
utmost to avoid any unnecessary delay.”31
89. The Respondent State contests the Applicant’s claim that he filed the
application for review within time in the Registry of the Court of Appeal and
served the said application on the Respondent State.
90. As noted in paragraph 9 of this Judgment, the Applicant failed to provide
evidence that the Court of Appeal granted him leave to file the application
for review out of time. He also failed to provide evidence that, after being
granted such leave, he actually filed the application for review before the
Registry of the Court of Appeal and duly served it on the Respondent State
as required under the Court of Appeal Rules.32
91. The Court notes therefore that, the Applicant has not provided it with
evidence or information that would enable it to assess whether there was
indeed a delay in the listing and determination of his application for review.
92. In view of this, the Court therefore dismisses the Applicant’s claim that there
was a delay in the scheduling and determination of his application for
review. The Court therefore finds no violation of the Charter has been
established in this regard.
93. The Court has previously held that it does not apply domestic law in
determining whether the State is in compliance with the Charter or any other
30
Ibid, §§ 134 and 136.
Ibid, § 153.
32 Rules 66 (3) and (4) of the Court of Appeal Rules, 2009, provide that:
(3) The notice of motion for review shall be filed within sixty days from the date of the judgment or order
sought to be reviewed. It shall set out clearly the grounds for review.
(4) Copies of the notice of motion for review shall be served on the other party or parties as the case
may be within fourteen days from the date of filing. The party filing the notice shall file proof of service
with the court.
31
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