115. Nevertheless, the Respondent argues that the reason for the dismissal of the
2nd Applicant's application for extension of time to file a review was not based
on the lapse of time, but on the merits of the application, which according to the
Judge of the Court of Appeal, did not warrant the granting of the extension of
time.
iii) The Court's Assessment
116. From the submissions of the Parties, the Court deduces that the matter in
dispute here is whether the delay in the delivery of copies of judgment of the
Court of Appeal affected the right of the Applicants' right to request for review
of the judgment and whether this constitutes a violation of their right to have
one's cause heard, which is a fair trial right stipulated under Article 7 (1) of the
Charter.
117. The Court observes that the right of an individual to have his cause heard
includes a set of other rights listed under article 7 (1) of the Charter and other
international human rights treaties ratified by the Respondent. The term
"comprises" in article 7 (1) of the Charter predicates that the list is not
exhaustive and the right to be heard may also include other entitlements
available for individuals both in international law and the domestic law of the
concerned State. In the instant case, the Applicants have had appeals heard
by the High Court and Court of Appeal of the Respondent. The national law
further provides for the possibility of a review of the decision of the Court of
Appeal in the event that a decision is tainted by procedural irregularities, which
have caused injustice to a party.23
118. A party would not be in a position to lodge a meaningful application for a
review of a particular judgment unless it is in possession of copies of the
judgment that it seeks to get reviewed. In this regard, the timely delivery of
copies of a judgment is an important consideration especially in circumstances
where a considerable delay affects the right of individuals to pursue possible
redress available in the domestic system. In Alex Thomas v. the United
Republic of Tanzania, this Court held that: