documentary proof that the victim is a minor (birth certificate); (ii) the fact that
the absence of parental consent has not been established; and (iii) the fact that
the court did not determine the case on the merits after evaluation of all the
evidence on record.
50. The Court notes that, according to the records, the Court of Appeal declared
itself as lacking the jurisdiction to hear allegations which had not been raised
before, nor settled by, the first appellate court.s lt held, however, that the victim
was sixteen (16) years old at the time of the crime and upheld the Applicant's
conviction.
51.The Court notes that the Applicant has not demonstrated how the Court of
Appeal's refusal to consider two of his three allegations violated his right to
equal protection before the law. This Court has, in the past, held that "General
statements to the effect that [a] right has been violated are not enough. Jt/ore
substantiation is required."6
52. Moreover, the documents in file demonstrate that the Court of Appeal justified
the dismissal of the Applicant's two arguments on the grounds that they relate
to issues that were not previously raised before the lower courts. ln this regard,
this Court has not found that the Applicant was treated unfairly or subjected to
discriminatory treatment in the course of the domestic proceedingsT.
53.ln view of the forgoing, the Court dismisses the Applicant's allegation that his
rights under Article 3(1) of the Charter have been violated.
"ln the event and on the basis of the settled legal position demonstrated by the Court, grounds 2 and
3 having been raised for the first time in a second appeal are not legally before us for determination
and therefore lack merit."
6 AIex Thomas v Tanzania Judgment, op. cit., para. 140. See also: Kennedy
Owino Onyachi and
Charles John Mwanini Njoka v Tanzania Judgment, op. cit., paras. 1S0 - 153.
7 Application No. 032/2015. Judgment2110312018 2018,
Kliji lsiaga v. tJnited Repubtic of Tanzania,
5
para. 85.
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