Paul Sanga v. Attorney General, Civil Application No. 429/01 of 2020)
whose determination was pending at the time the Applicants filed their
Application.
37. The Respondent State argues that the petition for review of the decision of
the Court of Appeal judgment was on the constitutionality of Section 148(5)
of the CPA and because its determination is pending, the Applicants have
not exhausted all local remedies.
38. Furthermore, the Respondent State contends that the Court is proscribed
from the consideration of this Application, given the fact that it is not a court
of appeal as elucidated in the matter of Ernest Francis Mtingwi v. Malawi.
39. In light of the foregoing, the Respondent State prays the Court to dismiss
the Application for failing to comply with the requirement of exhaustion of
local remedies.
40. According to the Applicants, there are a number of cases decided by the
Court which articulate that the requirement of exhaustion of local remedies
is fulfilled through a final decision of the Court of Appeal of Tanzania and
not a decision on review. To reinforce their argument, the Applicants cite
the decision of the Court in the matters of James Wanjara and 4 Others v.
Tanzania and Alex Thomas v. Tanzania.
41. The Applicants submit that one of the key elements of the requirement of
exhaustion of local remedies is that there must be a final decision by the
highest court in the Respondent State which can confirm or reverse the
decision of the lower court. They buttress their submission with the decision
of the Inter-American Court in Cantoral Benavides v. Peru that a petition for
review of a judgment of a Supreme Court of Justice is extra-ordinary in
character.
42. The Applicants accordingly aver that the Respondent State’s submission
that filing a petition for review of the Court of Appeal’s decision is a
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