13 June 2017 after the news of the Court’s existence were first heard at the
said prison in May 2017. It is the Applicants’ contention that the present
Application was filed on 27 September 2017, which is four (4) months after
they became aware of the existence of the Court. The Applicants refer to
the Court’s decision in Reverend Christopher Mtikila v. Tanzania where it
held that there was no fixed period within which to seize it and each case
would be decided according to its own facts and circumstances.
***
55. The Court recalls that, pursuant to Article 56(6) of the Charter, as restated
in Rule 50(2)(f) of the Rules, in order for an application to be admissible, it
must be “submitted within 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”.
56. In its caselaw, the Court has 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.”20 Some of the
circumstances that the Court has taken into consideration include:
imprisonment, being lay without the benefit of legal assistance,21 indigence,
illiteracy, lack of awareness of the existence of the Court,22 and the use of
extra-ordinary remedies.23 In establishing reasonableness of time, the Court
has further held that failure to file an application within a reasonable time
20
Norbert Zongo and Others v. Burkina Faso (merits) (24 June 2014) 1 AfCLR 219, § 92 and Thomas
v. Tanzania (merits), supra, § 73.
21 Christopher Jonas v. United Republic of Tanzania (merits) (28 September 2017) 2 AfCLR 101, § 54;
Amir Ramadhani v. United Republic of Tanzania (merits) (11 May 2018) 2 AfCLR 344, § 83 and Thomas
v. Tanzania (merits), supra, § 73.
22 Ramadhani v. Tanzania (merits), ibid, § 50; Jonas v. Tanzania (merits), ibid, § 54.
23 Armand Guehi v. United Republic of Tanzania (merits and reparations) (7 December 2018) 2 AfCLR
477, § 56; Werema Wangoko Werema and Wasiri Wangoko Werema v. United Republic of Tanzania
(merits) (7 December 2018) 2 AfCLR 520, § 49; Alfred Agbessi Woyome v. Republic of Ghana (merits
and reparations) (28 June 2019) 3 AfCLR 235, §§ 83-86.
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