000829
53. ln Godfred Anthony and another v united Republic of ranzania, however, the
Court held that a period of five (5) years and four (4) months was an
unreasonable lapse of time before the filing of an application. ln the preceding
case, the court reasoned that while the applicants were incarcerated and
therefore restricted in their movements they had not "asserted or provided any
proof that they are illiterate, lay, or had no knowledge of the existence of the
Court.13 The Court concluded that while
it has always considered the personal
circumstances of applicants in assessing the reasonableness of the lapse of time
before the filing of an application, the applicants had failed to provide it with
material on the basis of which it could conclude that the period of five (5) years
and four (4) months was reasonable.
54.
14
ln the present case, the court notes that the Applicant has indicated that he is
"an indigent incarcerated person operating without legal assistance or legal
representation ..." The Applicant has also stated that he is a peasant. The court
observes, however, that aside from the blanket assertion
of
indigence the
Applicant has not attempted to adduce evidence explaining why it took him five
(5) years and Six (6) months to file his Application.
55.
The Court notes that unlike the applicants in Amiri Ramadhaniv United Republic
of Tanzanials and Christopher Jonas v lJnited Republic of Tanzama the Applicant
in the present case had legal representation in pursuing his appeals both before
the High court and the court of Appeal. ln the absence of any clear and
compelling justification for the lapse of five (5) years and six (6) months before
the filing of the Application, the court finds that this Application was not filed
within a reasonable time within the meaning of Article 56(6) of the Charter which
requirement is restated in Rule 40(6) of the Rules.
56.
The Court recalls that the conditions of admissibility under the Charter are
cumulative such that if one condition is not fulfilled then the Application becomes
t3
Application No. 015/2015. Ruting of 26109/19, (Jurisdiction and Admissibility) 48
S
/Dd S 49.
15 Amiri
Ramadhani v. tJnited Repubtic of Tanzania, supra note i 0 g 50.
14
'1.4