39. This Court has also stated in a number of cases involving the Respondent
State that the remedies of filing a constitutional petition in the High Court
and use of the review procedure in its system, are extraordinary remedies
that an Applicant is not required to exhaust prior to seizing this Court.7
40. In the instant case, the Court notes from the record that the Applicant
having been convicted at the District Court of Chato filed an appeal against
his conviction and sentence to the High Court, which dismissed his appeal
on 29 October 2014. He then appealed to the Court of Appeal of Tanzania,
the highest judicial organ of the Respondent State, which on 19 February
2016, upheld the judgment of the High Court. The Court further notes that
the claims raised by the Applicant herein were also raised in substance in
the national courts, given that he had also alleged that he was not accorded
the right to be heard and he challenged the procedure leading to his
conviction. The Respondent State thus had the opportunity to redress the
alleged violations. Consequently, the Applicant exhausted all the available
domestic remedies.
41. For this reason, the Court dismisses the objection relating to the nonexhaustion of local remedies.
B. Other conditions of admissibility
42. The Court notes that there is no contention regarding the conditions set out
in Rule 50(2)(a), (b), (c), (d), (f) and (g) of the Rules. Even so, it must satisfy
itself that these conditions have been met.
43. From the record, the Court notes that, the Applicant has been clearly
identified by name in fulfilment of Rule 50(2)(a) of the Rules.
7
See Thomas v. Tanzania (merits), supra, § 65; Mohamed Abubakari v. United Republic of Tanzania
(merits) (3 June 2016) 1 AfCLR 599, §§ 66-70; Christopher Jonas v. United Republic of Tanzania
(merits) (28 September 2017) 2 AfCLR 101, § 44.
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