manyuka c republique unie de requete n0202015 2019 afchpr 70 28 novembre 2019

manyuka c republique unie de requete n0202015 2019 afchpr 70 28 novembre 2019

The Court found it had material, personal, temporal, and territorial competence as the application alleged Charter violations by a state party. The applicant had exhausted domestic remedies by appealing to the highest court. However, the application was not filed within a reasonable time, as the applicant failed to...

Source-derived case information.

Citation
manyuka c republique unie de requete n0202015 2019 afchpr 70 28 novembre 2019
Parties
Applicant: Livinus Daudi Manyuka; Respondent: Republic of Tanzania
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2019
Procedural Posture
Human Rights Application / Preliminary Objections (competence and Admissibility)
Outcome
Application declared inadmissible
Legal Topics
Admissibility of Application, Exhaustion of Domestic Remedies, Reasonable Time for Filing, Jurisdiction of African Court on Human and Peoples' Rights
Source Language
en
Human Rights Law International Law Admissibility of Application Exhaustion of Domestic Remedies Reasonable Time for Filing Jurisdiction of African Court on Human and Peoples' Rights

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Parties

Livinus Daudi Manyuka

Applicant

Republic of Tanzania

Respondent

Procedural Posture

Human Rights Application / Preliminary Objections (competence and Admissibility)

  1. 1 Whether the Court has material competence to hear the application
  2. 2 Whether the applicant exhausted domestic remedies
  3. 3 Whether the application was filed within a reasonable time

Ratio Decidendi

The Court found it had material, personal, temporal, and territorial competence as the application alleged Charter violations by a state party. The applicant had exhausted domestic remedies by appealing to the highest court. However, the application was not filed within a reasonable time, as the applicant failed to justify the delay of five years and six months after the state’s declaration under Article 34(6). The cumulative admissibility requirements were not met, rendering the application inadmissible.

Court Disposition

Application declared inadmissible

Orders

  • Exceptions to material competence rejected
  • Court declares itself competent