Renders this Ruling:
I.
THE PARTIES
1.
Ajaye Jogoo (hereinafter referred to as “the Applicant”) is a national of the
Republic of Mauritius and the Director of Cimexpan Limited, a Mauritian
company. He alleges, inter alia, the violation of his right to a fair trial and his
right to property in connection with proceedings before Tanzanian national
courts. The violations allegedly occurred at a time when the Applicant was
residing in the United Republic of Tanzania.
2.
The Application is filed against the United Republic of Tanzania (hereinafter
referred to as “the Respondent State”), which became a party to the African
Charter on Human and Peoples’ Rights (hereinafter referred to as “the
Charter”) on 21 October 1986 and to the Protocol on 10 February 2006.
Furthermore, the Respondent State, on 29 March 2010, deposited the
Declaration prescribed under Article 34(6) of the Protocol (hereinafter
referred to as “the Declaration”), through which it accepted the jurisdiction
of the Court to receive applications from individuals and Non-Governmental
Organisations. On 21 November 2019, the Respondent State deposited an
instrument withdrawing its Declaration with the Chairperson of the African
Union Commission. The Court held that this withdrawal has no bearing on
pending and new cases filed before the withdrawal came into effect one
year after its deposit, in this case, on 22 November 2020.1
1 Andrew Ambrose Cheusi v. United Republic of Tanzania (judgment) (26 June 2020) 4 AfCLR 219, §§
37-39.
2