001089
44. The Applicant refutes the Respondent State’s assertion that his grandmother wrote
a simple
letter to the
Court
and
not a proper
application.
He
argues
that the
grievances raised by his grandmother and the information given in the letter have
the force
of an
application
because
all the
necessary
information
is contained
therein.
45. Still according to the Applicant, there are no technical details governing the filing of
an application before the Court. For him, any form of referral is valid, the essential
thing being that the referral brings the facts and the supporting arguments to the
Court's attention.
eK
46.The
Court
notes
that so far as the form
or modality of seizure
concerned, it has adopted a flexible approach. For example,
Ochieng Anudo
of the Court
in the case of Anudo
v. United Republic of Tanzania,4 the Court decided
application filed by a simple email and communicated
is
to admit an
as such. In this regard, the
Court always takes into account the specific conditions of each Applicant and the
circumstances surrounding the filing of the Application.
47.The
Court
also
notes
that Rule
34 and
Rule 40(1)
of the
Rules
provide
some
additional requirements as regards the form and general content of an application.
Rule 34 of the Rules requires, among other things, that any application filed before
it, shall contain a summary of the facts of the case and the evidence intended to be
adduced;
give clear particulars of the Applicant and of the party against whom
the
application is brought and specify the alleged violation, show evidence of exhaustion
of local remedies or of the inordinate delay of such local remedies as well as the
orders
or the
injunctions
sought;
and
be
signed
by
the
Applicant
or
his/her
4 Application No. 012/2015. Judgment of 22/03/2018 (Merits), Anudo Ochieng Anudo v. United Republic
of Tanzania (Anudo Ochieng Anudo v. Tanzania (Merits) § 52.
13
ZA
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