Christopher R. Mtikila v United Republic of Tanzania (reparations)(2014) 1
AfCLR 72, para 29.
The Court in the course of its analysis above, has come to the conclusion that
the following rights has been violated for which appropriate remedy are
ordered: The right to liberty (Article 7) of the Charter), to have his cause
heard (Article 7 of the Charter); right to work (Article 15 of the Charter) and
Article 1of the Charter.
68. Having found that the Respondent State has violated several rights of the
Applicant contrary to the provisions of the Charter and other international
human rights instruments ratified by the Respondent State, the Court finds that
the Respondent State is liable and responsible under international law for
remedying the violations against the Applicant.
69.The court however notes that with regards to the applicant’s application for an
order for payment of his monthly salary in the sum of 50,000 naira from March
2015 to date of judgment and also the sum of 45,000 naira as operation
allowance from March 2015 to date of judgment, no documentary evidence was
provided to support these amounts. In that wise the Court is unable to award the
claimed sum. However, since the applicant would have been entitled to salary
and the operation allowance within these periods, the court directs the
Respondent who is the natural custodian of these information to calculate and
pay the Applicant the applicable amount up to the time of release from
detention.
COSTS
70.Article 66 (11) of the Rules provides, “If costs are not claimed, the parties shall
bear their own costs.” The Court notes that the Applicant did not make any
claim as to costs; the Court therefore decides that he shall bear his own costs.
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