&[tD3t?
33.The Court notes that this objection only relates to the First Applicant in
this Application. The Court recalls that the Applicants in Application No.
0O5nU5 were Thobias Mang'ara Mango and Shukrani Masegenya
Mango. lt is clear, therefore, that the First Applicant in the present matter
was indeed party to earlier litigation before the Court. The Court recalls
that Application No.005/2015 was filed on 11 February 2015 and
judgment was delivered on 11 May 2018. As earlier pointed out, the
Applicants filed the present Application
on 17 April 2015.
Clearly,
therefore, as at the time the present Application was being filed, the
Applicant had a separate but subsisting claim pending before the Court.
34.The Court also notes, however, that in Application No. 005/2015 the
Applicants raised a range of alleged violations of their rights pertaining to
the manner in which they were detained, tried and convicted by the
judicial authorities of the Respondent State.3 Admittedly, as part of the
claims, in Application No. 005/2015, the First Applicant also argued that
he was condemned to serve a sentence of thirty (30) years imprisonment
for armed robbery when this was not the applicable sentence at the time
the offence was committed, which is also exactly the same claim that he
is
jointly raising with the Seventh Applicant in this mafter.
35.The Court observes that although the Respondent State raises this issue
as an objection to the Court's material jurisdiction, it is an allegation
contesting the admissibility of the First Applicant's claim on the basis that
it violates the rules on res judicafa as captured under Article 56(7) of the
Charter. The Court will, therefore, consider this objection, if need be,
when it is dealing with the admissibility of the matter.
3
Application No. 005/201 5. Judgment oI 1110512018 (Merits), Thobias Mang'ara Mango and Another v
United Republic of Tanzania $S11-12
(lfr-
I
12