0001Et 42.The Court observes that the question at issue is whether the time that elapsed between the exhaustion of loca! remedies and filing of the case before it, is reasonable within the meaning of Rule 40 (6) of the Rules. 43.The Court notes that the ordinary judicial remedies available in the Respondent State were exhausted on 16 February 2012, the date of the Court of Appeal decision and that the Application was filed before the Court on 10 October 2015. Between the Court of Appeal's decision and the filing of the Application at this Court, three (3) years, seven (7) months and twenty-four (24) days had elapsed. 44.|n its Judgment rn the Matter of the Beneficiaries of late Norbert Zongo and others v. Burkina Faso, the court set out the principle that the reasonableness of the timeline for referrals to it depends on the circumstances of each case and must be assessed on case-by-case basis.,'6 45.The Court notes that the Applicant is tay, indigent and incarcerated person without counsel or legal assistanceT, as well as his attempt to use extraordinary measures, that is, the application for review of the Court of Appeal's decisions, and holds that all these constitute sufficient grounds to justify the filing of the Application after three (3) years, seven (7) months and twenty-four (24) days following the Court of Appeal decision. 46.|n view of the aforesaid, the Court dismisses this objection to admissibility relating to the filing of the Application within a reasonable time B Gonditions of admissibitity that are not in contention between the Parties 47.The conditions regarding the identity of the Applicant, the Application's compatibility with the Constitutive Act of the African Union, the language used 6 Application No. 013/2011. Ruling on pretiminaries objections of 2110612013, Beneficiaries of tate Zongo and Others v. Burkina Faso, para.121. See also Application No. 00512012, Alex Thomas v. Tanzania Judgment, op. crt., para. 7 3; Application No. 007/2013, Judgment of 3t612013 Abubakari v. Tanzania Judgment, op. cit., para. 91; Application No. 01 1t2015 Jonas Tanzania J udgment, op. cit., para. 52. 7 Alex Thomas v. Tanzania Judgment, op. cit., para.74 t App lication No. 006/2015. Judgment of 231312018, Nguza Viking (Babu Seya) and (PapiKocha) v. Tanzania, para. 61 7t a1 \