52. The Court has established in its previous Judgments that the reasonableness of
the period for seizure of the Court depends on the particular circumstances of
each case and must be determined on a case-by-case basiss.
53. ln Mohammed
Abubakai v. United Republic of Tanzania, this Court held that the
fact that the Applicant was incarcerated, is indigent, did not have the beneftt of free
assistance of a lawyer throughout the proceedings at national level, his being an
illiterate and his being unaware of the existence of the Court due to its relatively
recent establishment
-
are all circumstances that can work in favour of some
measure of flexibitity in determining the reasonableness of the time fiame for
seizure of the CourtT.
54. Given that
the Applicant in the instant case is in a situation similar to that
described above, the Court finds that the period of five (5) years, one
(
1)
month and twelve (12) days, in which it was seized is a reasonable period
within the meaning of Article 56 (6) of the Charter. lt therefore dismisses the
to the admissibility of the Application on the grounds of noncompliance with a reasonable period for filing the Apptication before the
objection
Court.
ii)
Condifions that are not in contention between the Parties
55.The Court notes that the issue of compliance with sub rules 40(1), (2), (3),
(4), and (7)
of the Rules is not in contention between the parties, and
nothing in the file indicates that they have not been complied with. The Couft
therefore holds that the admissibility requirements under those provisions
have been met-
6Ernesf Zongo and Others v. Burkina Faso(Application No. 01312011 , Ruling on Preliminary
)
Objections, 21 June, 2013, paragraph 121, Alex Thomas v United Republic of Tanzania. (Application
No 005/2013),Judgment of 20 November, 2015, paragraph 73; Mohamed Abubakari v. United
Republic af Tanzania (Apptication No, 007/2013), Judgment of 3 June 2016, paragraph 91.
7 lVlohamed Abubakari v. United Republic
June 2016 paragraph 92
of Tanzania,(Application No. 007
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