therefore be unreasonable to require the Applicant to file a new application
before the domestic courts to seek redress for this claim.15
49. Concerning the Respondent State’s allegation that the Applicant should
have considered filing a constitutional petition procedure at the High Court,
the Court has consistently held that this remedy, in the Tanzanian judicial
system, is an extraordinary remedy that Applicant is not required to exhaust
prior to bringing their matters to this Court.16
50. In view of the foregoing, the Court finds that the Applicant has exhausted
local remedies as required under Article 56(5) of the Charter and Rule
50(2)(e) of the Rules.
B. Objection based on failure to file the Application within a reasonable time
51. The Respondent State asserts that the instant Application was not filed
within a reasonable time from the date local remedies were exhausted. In
this regard, the Respondent State asserts that it deposited the Declaration
allowing the Applicant to file his case on 9 March 2010 and the Court of
Appeal delivered its judgment on 7 March 2013. However, the Applicant
seized the Court three (3) years later, on 25 July 2016, which according to
the Respondent State was an unreasonable delay.
52. The Respondent State further concedes that the Rules and the Charter do
not quantify what constitutes reasonable period of time. However, it
maintains that a six (6) months limit is the period established by international
human rights jurisprudence as reasonable. In support of its contention, the
Respondent State relies on the decision of the African Commission on
Human and Peoples’ Rights in Majuru v. Zimbabwe.
15
Ibid, §§ 60-65.
Mohamed Abubakari v. United Republic of Tanzania (merits) (3 June 2016) 1 AfCLR 599, § 72;
Onyachi and Njoka v. Tanzania (merits), supra, § 56.
16
14