into account in assessing reasonableness of time to file an application. 28
Further, after filing an application for review, an applicant is expected to
observe some time awaiting the outcome thereof before he considers his
next step.29 In the instant case, the outcome was known on 31 July 2017
when the Court of Appeal dismissed the application for review for lack of
merit. The present Application was then filed on 27 September 2017, that
is, one (1) month and twenty-seven (27) days later.
66. As a consequence, the Court dismisses the Respondent State’s objection
and finds that the Application was filed within a reasonable time, in respect
of the Second Applicant, as construed under Article 56(6) of the Charter.
C. Other conditions of admissibility
67. The Court notes that there is no contention regarding compliance with the
conditions set out in Rule 50(2) (a), (b), (c), (d) and (g) of the Rules.
However, the Court must satisfy itself that these conditions have been met.
68. The record shows that the Second Applicant has been clearly identified by
name, in fulfilment of Rule 50(2)(a) of the Rules.
69. The Court also notes that the claims that are made by the Applicant seek to
protect his rights guaranteed under the Charter in conformity with one of the
objectives of the Constitutive Act of the African Union, as stated in Article
3(h) thereof, which is the promotion and protection of human and peoples’
rights. Furthermore, the Application does not contain any claim or prayer
that is incompatible with a provision of the said Act. Therefore, the Court
considers that the Application is compatible with the Constitutive Act of the
Ally Rajabu and Others v. United Republic of Tanzania (merits and reparations) (28 November 2019)
3 AfCLR 539, § 51; Evodius Rutechura v. United Republic of Tanzania, ACtHPR, Application No.
004/2016, Judgment of 26 February 2021 (merits and reparations), § 48; and Reuben Juma and Gawani
Nkende v. United Republic of Tanzania, ACtHPR, Consolidated Applications Nos. 015/2017 and
011/2018, Judgment of 5 September 2023 (merits and reparations), § 59.
29 Rajabu and Others v. Tanzania, ibid; Werema Wangoko v. Tanzania (merits), supra, §§ 49-50; and
Alfred Agbesi Woyome v. Republic of Ghana (merits and reparations) (28 June 2019) 3 AfCLR 235, §§
83-87.
28
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