chacha c republique unie de tanzanie requete n 0032012 2014 afchpr 46 28 mars 2014

chacha c republique unie de tanzanie requete n 0032012 2014 afchpr 46 28 mars 2014

The majority held the applicant did not exhaust available domestic remedies, as he withdrew or failed to appeal several cases and did not demonstrate remedies were unavailable or abnormally prolonged. Therefore, the application was inadmissible.

Source-derived case information.

Citation
chacha c republique unie de tanzanie requete n 0032012 2014 afchpr 46 28 mars 2014
Parties
Applicant: Peter Joseph Chacha; Respondent: Republic of Tanzania
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2014
Procedural Posture
Human Rights Application / Final Judgment
Outcome
Application dismissed as inadmissible for non-exhaustion of domestic remedies.
Legal Topics
Right to Liberty, Right to Property, Due Process, Exhaustion of Domestic Remedies, Detention, Fair Trial, Compensation
Source Language
en
Human Rights Law Criminal Procedure Right to Liberty Right to Property Due Process Exhaustion of Domestic Remedies Detention Fair Trial +1 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

Peter Joseph Chacha

Applicant

Republic of Tanzania

Respondent

Procedural Posture

Human Rights Application / Final Judgment

  1. 1 Whether the applicant exhausted domestic remedies before approaching the African Court
  2. 2 Whether the applicant's rights to liberty and property were violated by unlawful arrest, detention, and seizure of property
  3. 3 Whether the applicant was entitled to compensation and restitution

Ratio Decidendi

The majority held the applicant did not exhaust available domestic remedies, as he withdrew or failed to appeal several cases and did not demonstrate remedies were unavailable or abnormally prolonged. Therefore, the application was inadmissible.

Court Disposition

Application dismissed as inadmissible for non-exhaustion of domestic remedies.

Orders

  • Each party to bear its own costs.