fi0093?
37.The Applicant argues that the decision on his Appeal to the Court of Appeal
was delivered on 13 August 2014 and he subsequently filed an Application for
the review of the Court of Appeal's judgment. Therefore, the Applicant avers
that he has filed his Application within a reasonable time.
38.The Court notes that Article 56(6) of the Charter does not specify any time
frame within which a case must be filed before this Court. Rule 40 (6) of the
Rules, which in substance restates Article 56(6)
of the Charter,
simply
mentions "a reasonable time from the date local remedies were exhausted or from
the date set by the Court as being the commencement of the time limit within which it
shall be seized with the matter."
39. The Court recalls its jurisprudence in which it held: "...that the reasonableness
of the timeframe for seizure depends on the specific circumstances of the case
and should be determined on a case-by-case basis."8
40.The record before this Court shows that local remedies were exhausted on 13
August 2014, when the Court of Appeal delivered its judgment while the
Application was filed on 2 October 2015, that is, one (1) year, one (1) month
and twenty (20) days after exhaustion of local remedies. Therefore, the Court
is required to decide whether the time taken to file the Application is
reasonable.
8 See Zongo and Others v. Burkina Faso (Merits) op.crt.,
$ 121, Kenedy lvan v Tanzania (Merits and
Reparations) $ 51 , Oscar Jos iah v Tanzania (Merits)'), $ 24, Judgmenl ot 2810312019 (Merits). Lucien lkili
Rashidi v United Republic Tanzania (hereinafter'Lucien lkili Rashidi v Tanzania (Merits and Reparations)"),
s54
71