001066
142.
In view of the foregoing, the Respondent State avers that the Applicant has not
provided any evidence of pecuniary or non-pecuniary damage allegedly caused by
the Respondent
State,
and
therefore
prays the Court to dismiss the Applicant's
request and grant him no compensation.
kK
143. The Court notes that for the reparation of any material prejudice arising from the
violation of any right, there must be evidence establishing a causal link between the
facts and the prejudice suffered.*2
144.
In the instant case, the Court also notes from the record that the Applicant has
failed to adduce evidence on his alleged material losses and does not explain how
he arrived at the figures being claimed. Consequently, the Court does not grant his
request.
ii.
Moral prejudice
a.
Prejudice suffered
145.
by the Applicant
The Applicant seeks reparation as direct victim for reasons of the following facts:
i.
ii.
long detention after serving the prison term;
| amorally exhausting appeals process which yielded no fruit;
iii.
long separation from his family because of the long detention;
iv.
his life plans are in shambles;
v.
his sources of income have not only been disrupted but definitively
lost;
vi.
the deterioration of his health while in prison;
82 Reverend Christopher R. Mtikila v. United Republic of Tanzania (2014) AfCLR page 24, § 30.