mango c republique unie de tanzanie requete n 0052015 2020 afchpr 34 4 septembre 2020

mango c republique unie de tanzanie requete n 0052015 2020 afchpr 34 4 septembre 2020

The Court found that the applicants' inability to submit evidence was due to exceptional circumstances, including lack of access caused by incarceration, unnotified prison transfers, and COVID-19 restrictions, justifying reopening deliberations and admitting new evidence.

Source-derived case information.

Citation
mango c republique unie de tanzanie requete n 0052015 2020 afchpr 34 4 septembre 2020
Parties
Applicant: Thobias Mang’ara Mango; Applicant: Shukurani Masegenya Mango; Respondent: République-Unie de Tanzanie
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2020
Procedural Posture
Human Rights Reparations Application / Interlocutory Order on Admissibility of New Evidence Post Judgment
Outcome
Application for leave to file new evidence granted; deliberations reopened.
Legal Topics
Right to Fair Trial, Admissibility of Evidence, Exceptional Circumstances, COVID 19 Pandemic Impact
Source Language
en
Human Rights Law Procedural Law Right to Fair Trial Admissibility of Evidence Exceptional Circumstances COVID 19 Pandemic Impact

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Parties

Thobias Mang’ara Mango

Applicant

Shukurani Masegenya Mango

Applicant

République-Unie de Tanzanie

Respondent

Procedural Posture

Human Rights Reparations Application / Interlocutory Order on Admissibility of New Evidence Post Judgment

  1. 1 Whether applicants should be permitted to file new evidence after closure of pleadings in reparations phase
  2. 2 Whether exceptional circumstances exist to justify reopening deliberations

Ratio Decidendi

The Court found that the applicants' inability to submit evidence was due to exceptional circumstances, including lack of access caused by incarceration, unnotified prison transfers, and COVID-19 restrictions, justifying reopening deliberations and admitting new evidence.

Court Disposition

Application for leave to file new evidence granted; deliberations reopened.

Orders

  • Deliberations in Application No. 005/2015 are reopened in the interest of justice.
  • Applicants' new evidence is deemed duly filed and notified to the respondent.