are required to exhaust are ordinary judicial remedies5, unless they are nonexistent, ineffective and insufficient or the procedure for exercising them is
unduly prolonged.®
42. Having
filed
regard to the facts of the case, the Court notes that the Applicant
his complaint before the Court of First Instance, which dismissed it on
5 October 2009; he appealed against that decision to the Supreme Court,
which, by judgment of4 November 2011, upheld the decision of 7 October
2011
delivered
by the
Court
of First
Instance.
The
Applicant
filed
an
application for review of this decision, which was dismissed by the Supreme
Court by decision of 15 October 2012. The Court concludes, therefore, that
the Applicant exhausted the available local remedies.
43. With regard to the obligation to file the application within a reasonable time,
the Court notes that Article 56(6) of the Charter does not set any time-limit
for the filing
of applications
before
it. Rule
40(6)
of the
Rules,
which
essentially restates the provisions of Article 56(6) of the Charter, simply
requires the Application to "be filed within a reasonable time from the date
local remedies were exhausted or from the date set by the Court as being
the commencement of the time limit within which it shall be seized with the
matter’.
44. It emerges
from
October
2012,
therefore
that
calculating
and
the
when
date
record
the
which
assessing
that
local
Supreme
must
the
be
remedies
Court
were
delivered
regarded
reasonableness
exhausted
on
its judgment.
as the
of the
starting
time,
point
within
15
It is
for
the
meaning of Rule 40(6) of the Rules of Court and Article 56(6) of the Charter.
5 Mohamed Abubakari v. Tanzania (merits) (2016) 1 AfCLR 599 § 64. See also Alex Thomas v. Tanzania
(merits) (2015) 1 AFCLR 465 § 64, and Wilfred Onyango Nganyi and Others v. Tanzania (merits) (2016) 4
AfCLR 507 § 95.
§ Lohé Issa Konaté v. Burkina Faso (merits) (2014) 1 AfCLR 314 § 77. See also Peter Joseph Chacha v.
Tanzania (admissibility) (2014) 1 AfCLR 398 § 40.
13