901083
Court of Appeal and the date of seizure of this Court, there was a time lapse of two
(2) years, eight (8) months and twenty-eight (28) days. The Court however, notes
that between
2013 and 2015, the Applicant filed four habeas corpus applications
before the High Court at Bukoba and at Dar es Salaam, to challenge the lawfulness
of his detention. The Court is of the view that the Applicant cannot be penalised for
attempting these remedies. Taking all these facts into consideration, the Court thus
considers that the time frame of two (2) years, eight (8) months and twenty-eight (28)
days in filing the Application has been explained and is reasonable in terms of Rule
40 (6) of the Rules.
70. The Court therefore dismisses the Respondent State’s objection that the Application
was not filed within a reasonable time.
B. Conditions of admissibility not in contention between the parties
71.The
Rules
Court notes that compliance
are
not
in
contention,
with sub-rules
and
that
1, 2, 3, 4, and 7 of Rule 40 of the
nothing
on
record
indicates
that
the
requirements of the said sub-rules have not been complied with.
72.\n view of the foregoing, the Court finds that the admissibility conditions have been
met, and hence, the Application is admissible.
Vil.
MERITS
73. The Court notes that the instant Application raises two main issues: first, whether or
not the right of the Applicant to Tanzanian nationality has been violated; and second,
whether or not his arrest and detention were in conformity with the Charter.
i.
ff
Alleged violation of the Applicant’s right to Tanzanian nationality