64. It is recognised in international law that the remedies that must be exhausted by the
Applicants are ordinary judicial remedies. That was the point also underscored
by the
Court particularly in the case of Alex Thomas v. United Republic of Tanzania.
65. It is therefore important, in the instant case, to determine if the constitution-related
complaint
and
the
application
for review,
as
conceived
in the
legal
system
of the
Respondent State, are ordinary or extraordinary remedies.
66. In the legal system of the Respondent State, it is generally accepted that the usual
remedies are, in a case like the instant one, the appeal before the High Court and the
appeal before the Court of Appeal, which is the country’s highest judicial organ.
67. Other
remedies,
such
as the constitutional
remedy
or application
for review
are
apparently exceptional judicial remedies, which are not normally thought about, and are
thus extraordinary remedies.
68.
As regards the constitutional remedies in particular, as the Court observed
in the
case of Alex Thomas v. United Republic of Tanzania, having considered the nature of the
said remedy, it emerged that that was
an extraordinary remedy
which the Applicant was
not required to use’®.
69.
In this respect, Section 8(2) of the Basic Rights and Duties Enforcement Act of the
Laws of Tanzania provides that:
“The High Court shall not exercise its powers under this section if it is satisfied that
adequate means of redress for the contravention alleged are or have been available to
the person concerned under any other law, or that the application is merely frivolous or
vexations”.
8 Judgment of 20 November 2015, para 64. See also: Matter of Wilfred Onyango Nganyi and 9 Others v. P_
United Republic of Tanzania, Judgment of 18 March 2016, para 95.
10 Judgment of 20 November 2015, para 65. See also paras 60 — 64.
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