46.lt is also the Respondent State's contention that the review process initiated by the Applicant is evidence that he understood the said process as an available remedy, which he left pending and thus has not exhausted. During the hearing, the Respondent State stressed that the Applicant understood that the review process applied in his case and informed the Court that the hearing of the Applicant's application for review was scheduled for 18 July 2018. 47.ln his Reply, the Applicant argues that "the failure to challenge the legality of any of the legal processes that took place in the first instance cannot be interpreted as resulting in the extinction of the Applicant's right to contest the said legality". The Applicant further contends that the provision for filing a basic rights enforcement action with respect to property does not in itself mean that the laws are observed. In support of that contention, he states that his arrest, followed by a lengthy trial process and lack of measures by the Respondent State to preserve his property, resulted in the loss of the said property. 48.ln response to the Respondent State's contention that the review process is pending, the Applicant asserts that it is an extraordinary remedy, which, even if sought, would not change the fact that the Court of Appeal is the highest court of the land. The Applicant reiterated these arguments during his oral submissions. 49. The Intervening State submits that the Application meets the requirement of Article 56(5) of the Charter because the Court has consistently ruled that the review process is an extraordinary remedy, which does not have to be exhausted. *** 50. The Court considers, with respect to whether it is asked to act as a court of first instance, that as it has held in the earlier mentioned case of Alex Thomas v Tanzania, the rights whose violation is alleged are part of a "bundle of rights and guarantees". As such, the domestic authorities had ample opportunity to address the related allegations even if they were not raised expressly by the Applicant during the 14