malengo c republique unie de tanzanie requete n 0302015 2019 afchpr 16 4 juillet 2019

malengo c republique unie de tanzanie requete n 0302015 2019 afchpr 16 4 juillet 2019

The applicant failed to exhaust domestic judicial remedies regarding the alleged violations, as required by Article 56 of the African Charter and Article 40 of the Rules of Court. The application is therefore inadmissible.

Source-derived case information.

Citation
malengo c republique unie de tanzanie requete n 0302015 2019 afchpr 16 4 juillet 2019
Parties
Applicant: Ramadhani Issa Malengo; Respondent: Republic of Tanzania
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2019
Procedural Posture
Human Rights Application / Final Judgment
Outcome
application dismissed as inadmissible
Legal Topics
Exhaustion of Domestic Remedies, Reasonable Time for Proceedings, Right to Fair Trial, Material Jurisdiction, Compatibility With African Charter
Source Language
en
Human Rights Law Civil Procedure Exhaustion of Domestic Remedies Reasonable Time for Proceedings Right to Fair Trial Material Jurisdiction Compatibility With African Charter

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Parties

Ramadhani Issa Malengo

Applicant

Republic of Tanzania

Respondent

Procedural Posture

Human Rights Application / Final Judgment

  1. 1 Whether the applicant exhausted domestic remedies
  2. 2 Whether the application was filed within a reasonable time
  3. 3 Whether the alleged violations fall within the Court's material jurisdiction

Ratio Decidendi

The applicant failed to exhaust domestic judicial remedies regarding the alleged violations, as required by Article 56 of the African Charter and Article 40 of the Rules of Court. The application is therefore inadmissible.

Court Disposition

application dismissed as inadmissible

Orders

  • The Court rejects the objection to its material jurisdiction.
  • The Court declares itself competent.