applicant to prove the particular circumstances that affected the pace at
which his/her application was filed.
49. In the instant case, the Applicants exhausted local remedies on 27 March
2014 when the Court of Appeal dismissed their appeal against their
conviction and sentence. The Applicants subsequently filed their Application
on 15 June 2016 which means they approached the Court two (2) years,
two (2) months, and nineteen (19) days after the date of exhaustion of local
remedies. On the basis of its jurisprudence,23 and employing the case by
case approach, the Court holds that period of two (2) years, two (2) months
and nineteen (19) days is reasonable, within the meaning of Article 56(6) of
the Charter, as restated in Rule 50(2)(f) of the Rules. The Respondent
State’s objection is thus dismissed.
B. Other conditions of admissibility
50. The Court notes that none of the Parties is contesting the Application’s
compliance with the conditions set out in Rule 50(2)(a), (b), (c), (d) and (g)
of the Rules. Nevertheless, it must satisfy itself that these conditions have
been satisfied before proceeding with the determination of the Application.
51. From the record, the Court confirms that the Applicants have been clearly
identified by name in fulfilment of Rule 50(2)(a) of the Rules.
52. The Court also notes that the Applicants’ claims seek to protect their rights
guaranteed under the Charter in conformity with one of the objectives of the
Constitutive Act of the African Union, as stated in Article 3(h) thereof, which
is the promotion and protection of human and peoples’ rights. Furthermore,
the Application does not contain any claim or prayer that is incompatible
23
Jonas v. Tanzania (merits), supra, § 55 - five (5) years, one (1) month and twelve (12) days;
Ramadhani v. Tanzania (merits), supra, § 49 - five (5) years, one (1) month and thirteen (13) days;
Cheusi v. Tanzania (merits and reparations), supra, § 71 - four (4) years, nine (9) months and twentythree (23) days; Thobias Mangara Mango and Shukurani Masegenya Mango v. United Republic of
Tanzania (merits) (11 May 2018) 2 AfCLR 314, § 55 - four (4) years, eight (8) months and thirty (30)
days.
14