243/01 Women's Legal Aid Center (on behalf of Sophia
Moto) / Tanzania
Summary of Facts
1. The complaint is filed by Womenâs Legal Centre, Tanzania on behalf of Sophia Moto, an unemployed
Tanzanian woman of 40 years of age.
2. The Complainant alleges that she petitioned to the Magistrate [sic] of Dar es Salaam in 1995 and
appealed to the High Court of Tanzania in 1997 for the dissolution of her marriage to one Anthony Lazima,
division of matrimonial assets, and damages from an illicit cohabitation of the latter with one Bertha
Athanas. She claims that the High Court, which is part of the Tanzanian Judiciary, dismissed her appeal on
the grounds of her non-appearance on the date set for the hearing.
3. The Complainant states that she had applied to the same High Court for a review of the said decision,
but the High Court overruled the application. And under the laws of Tanzania, such an exercise of applying
for review before the same High Court bars one from appealing against the decision of the same to the
Court of Appeal of Tanzania, the Complainant alleges that she could not thus seize the highest court in the
country.
4. She, therefore, alleges that the High Court, in so dismissing her appeal without having issued summons
or notice to her notifying her of the date for the hearing of the appeal, violated her rights to fair trial and
hearing. The same decision also resulted in the wrongful denial of her right to the matrimonial property.
5. The Complainant claims that she has exhausted all the national remedies available to pursue her rights
and that the present claim has not been or is not being considered by any other human rights treaty
monitoring body.
6. The Complainant alleges violation of Articles 7 and 14 of the African Charter on Human and Peoplesâ
Rights.
Complaint
7. The Complainant prays for a declaration that the Respondent State provides her with appropriate
remedies in accordance with the Laws of Tanzania, and for any other relief the Commission deems just and
fit.
Procedure
8. The complaint was dated 10th October 2001 and received at the Secretariat on 7th December 2001.
9. On 24th January 2002, the Secretariat wrote to the Complainant acknowledging receipt of the complaint,
informing her of the entering of the same in the Commissionâs register, its number in the latter, and its
having been scheduled for consideration by the Commission at its 31st Ordinary Session taking place from
2nd to 16th May 2002.
10. At its 31st Ordinary Session held from 2nd to 16th May 2002 in Pretoria, South Africa, the African
Commission considered the complaint and decided to be seized thereof.
11. On 28th May 2002, the Secretariat wrote to the Complainant and the Respondent State of this decision
and requested them to forward their submissions on admissibility before the 32nd Ordinary Session of the
Commission.
12. On 9th September 2002, the Complainant requested further time for submission of further information
on the issue.
13. At its 32nd Ordinary Session held from 17th to 23rd October 2002 in Banjul, The Gambia, the African
Commission examined the complaint and decided to defer its consideration on admissibility to the 33rd
Ordinary Session.
14. On 7th November 2002, the Secretariat wrote to the Complainant and Respondent State to inform them
of this decision and further remind them to forward their submissions on admissibility of the same before
the 33rd Ordinary Session of the Commission.
15. On 3rd April 2003, the Secretariat of the African Commission wrote to the parties informing them that it
still awaited their submissions on the admissibility of the complaint and further reminded them to forward
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