40. The Court observes in this regard that, in the present application, it is
evident from the record that the issue of summoning of witnesses arose
during the proceedings before the High Court during the hearing of the
Applicant’s appeal from the District Court.15 In the said proceedings, the
High Court dismissed the allegation highlighting that during the proceedings
at the District Court on 27 January 2014, the Applicant informed the court
that he would give his testimony under oath and that he had neither a
witness to call nor an exhibit to tender.
41. It follows from the foregoing that the issue of calling of witnesses was
considered as an appeal issue by the High Court and cannot, therefore, be
said to arise for the first time before this Court. Domestic remedies should,
therefore, be considered to have been exhausted in respect of the said
issue.
42. Consequently, the Court holds that the Applicant exhausted local remedies
as required under Article 56(5) of the Charter and Rule 50(2)(e) of the Rules
and, therefore, dismisses the Respondent State’s objection.
B. Other conditions of admissibility
43. The Court notes that, in the present case, the parties are not challenging
the application’s compliance with the requirements in Article 56 sub-articles
(1), (2), (3), (4), (6) and (7) of the Charter, which are reiterated in sub-rules
50(2)(a), (b), (c), (d), (f) and (g) of the Rules. However, the Court must
examine whether these conditions have been met.
44. It is apparent from the record that the condition set out in Rule 50(2)(a) of
the Rules has been satisfied, as the Applicant has clearly indicated his
identity.
15
Jackson Godwin v. The Republic, Criminal Appeal No.45 of 2014, Judgment of the High Court of
Tanzania, 7 May 2015, pages 7-8.
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