52. The Court notes that Rule 50(2)(f) of the Rules which in substance restates
the provision of Article 56(6) of the Charter, requires an 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.”
53. The Court recalls its jurisprudence, that: “…the reasonableness of the
timeframe for seizure depends on the specific circumstances of the case
and should be determined on a case-by-case basis.” Some of the
circumstances that the Court has taken into consideration include:
imprisonment, being lay without the benefit of legal assistance, indigence,
illiteracy, lack of awareness of the existence of the Court.9
54. In the instant Application, the Court observes that the judgment of the Court
of Appeal was delivered on 21 February 2016 and not on 27 October 2014
as claimed by the Respondent State, while the Applicant filed the
Application on 2 March 2017. The Court notes, in the circumstances, that
one (1) year and ten (10) days elapsed between the date of the Court of
Appeal’s decision and the filing of this Application. The issue for
determination, therefore, is whether the period that the Applicant took to file
the Application before the Court is reasonable.
55. The Court recalls that in assessing reasonableness of time, consideration
should be given to the situation of the Applicant; namely, whether he was
incarcerated, lay and indigent without the benefit of legal assistance 10 or
had limited knowledge of the operation of this Court.11
56. In the present case, the Applicant is incarcerated, restricted in his
movements and with limited access to information. He was also not assisted
9
Diocles William v. United Republic of Tanzania (merits) (21 September 2018) 2 AfCLR 426, § 52; and
Thomas v. Tanzania (merits), supra, § 74.
10 Iguna v. Tanzania, supra, § 35; Thomas v. Tanzania (merits), supra, § 73; Jonas v. Tanzania (merits),
supra, § 54; Amir Ramadhani v. United Republic of Tanzania (merits) (11 May 2018) 2 AfCLR 344, §
83.
11 Iguna v. Tanzania, idem; Mohamed Selemani Marwa v. United Republic of Tanzania, ACtHPR,
Application No. 014/2016, Judgment of 2 December 2021, § 61.
13