001365
51.The Court notes that, as earlier recalled in the facts, after filing on 24 March
2013 an application for review of the decision of the Court of Appeal dated 22
March 2013, the Applicants were expected to observe some time while awaiting
the outcome of the review procedure before filing the present Application on 26
March 2015. Given that the application for review is a legal entitlement, the
Applicants cannot be penalised for exercising that remedy, and the time spent
in pursing it should be taken into account while assessing reasonableness
under Article 56(6) of the Charter.s
52. The Court further notes that, in the case at hand, the Applicants are lay,
indigent and incarcerated. As a result of their situation, the Court granted the
Applicants assistance by a lawyer through its legal aid scheme.
53. ln the circumstances, it cannot be said that the time within which the Application
was filed is unreasonable.
54.The Court therefore dismisses the Respondent State's objection based on
failure to file the Application within a reasonable time.
B. Conditions of admissibility not in contention between the Parties
55. The Court notes that there is no contention as to whether the Application meets
the conditions set out in Article 56 subsections (1),(2),(3),(4), and (7) of the
Charter and Rule 40 sub-rules (1),(2), (3), (4) and (7) of the Rules regarding
the identity of the Applicant, compatibility of the Application with the Constitutive
Act of the African Union, the language used in the Application, the nature of
evidence adduced, and the previous settlement of the case, respectively.
56. Noting further that the pleadings do not indicate otherwise, the Court holds that
the Application meets the requirements set out under those provisions.
s See Armand Guehi v. Tanzania (Merits and Reparations), gg 36-38; Application No. 016/2017.
Judgment of 2810312Q19 (Jurisdiction and Admissibility), Dexter Eddie Johnson v. Republic of Ghana.
See also Application No. 038/2016. Judgment ol 2210312018 (Jurisdiction and Admissibility), Jean
Claude Roger Gombeft v. Republic of COte d'lvoire, $ 37; and Kennedy Owino Onyachi and Anotherv.
Tanzania (Merits), $ 65.
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