the Court
the matter is still pendin g in the High Court of Tanza nia at Moshi , (which
is minde d to do), the period will be more than nine (9) years.
brought
133. Whate ver time computation the Court adopts , it is clear that the matter
for at least six
before this Court has been pending in the courts of the Respo ndent
(6) years.
134. Having determined the length of time the matter has been pending at domes
tic level,
able within the
the Court will now procee d to determ ine wheth er this time is reason
meani ng of Article 7 (1) (d) of the Charter.
considered
135. The Court notes from the onset that there is no standard period that Is
er time 1s
"as reason able" for a court to dispose of a matter . In determining wheth
reason able or not, each case must be treated on its own merits .
136. As the jurispr udenc e of the Europ ean Court of Human Rights reveals, severa
l criteria
ng inter alia: (i)
may be used to determ ine wheth er time is reason able or not, includi
behav iour of
the complexity of the case; (ii) the behav iour of the applica nt; (iii) the
6
the national judicia l authorities].
or not the
137. This Court will therefore use these criteria for Its assess ment of wheth er
duration of the procee dings in the instant case was reasonable .
i.
Complexity of the case
ered,
138. To determ ine the complexity of a case, all aspects of the case must be consid
as the compl exity may concer n questions of fact as well as of law.
be, among
139 In the case-l aw of the Europ ean Court of Human Rights , complexity can
ished, (ii) the
other factors , due to: (i) the nature of the facts that are to be establ
nts, (iv) the
numbe r of accuse d person s and witnesses, (iii) international eleme
0
of 1985 (Union Alimentaria Sanders
Applica tion 1291 911 987 (Bodda art v Bolgwm , Applica tion No 11681
Sa v. Spain and Application 3277111 996 ( Cuscanl v. United Kingdom)
40