[2012] AfCHPR 34
The Court determined that, despite the absence of explicit provisions in its Rules regarding time limits for replies or extensions thereof, it retains inherent powers to regulate its own procedure in the interest of justice. The Court found that the Applicant's request for a further extension of time was justified...
Source-derived case information.
- Citation
- [2012] AfCHPR 34
- Parties
- Applicant: African Commission on Human and Peoples' Rights; Respondent: The Great Socialist Libyan People's Arab Jamahiriya
- Court
- African Court on Human and Peoples Rights
- Jurisdiction
- Uganda
- Case Number
- Application No. 004/2011
- Procedural Posture
- Miscellaneous Application / Interlocutory Order
- Outcome
- application_for_extension_of_time_granted
- Judges
- Akuffo VP, Eno R, Guindo J, Ngoepe J, Niyungeko P, Orė J, Ouguergouz J, Ramadhani J, Tambala J, Thompson J
- Legal Topics
- Extension of Time, Court Inherent Powers, Procedural Timelines
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
African Commission on Human and Peoples' Rights
Applicant
The Great Socialist Libyan People's Arab Jamahiriya
Respondent
Procedural Posture
Miscellaneous Application / Interlocutory Order
Legal Issues
- 1 Whether the Court has the power to extend the time for the Applicant to file its reply to the Respondent's response.
- 2 Whether the absence of express rules on time limits for replies prevents the Court from granting extensions.
Ratio Decidendi
The Court determined that, despite the absence of explicit provisions in its Rules regarding time limits for replies or extensions thereof, it retains inherent powers to regulate its own procedure in the interest of justice. The Court found that the Applicant's request for a further extension of time was justified by the evolving situation in Libya, which affected the ability to gather necessary evidence. The Respondent did not object to the request. Therefore, the Court exercised its inherent jurisdiction to grant the extension, ensuring fairness and the proper administration of justice.
Court Disposition
application_for_extension_of_time_granted
Orders
- Time for the Applicant to file its reply to the Respondent's response is extended to 31 August 2012.
Full Case Text
Judgment text and source record
23 paragraphs
AFRICAN UNION UNION AFRICAINE
UNIAO AFRICANA
# AFRICAN COURT ON HUMAN AND PEOPLES' RIGHTS COUR AFRICAINE DES DROITS DE L'HOMME ET DES PEUPLES
### IN THE MATTER OF
## AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS
v.
### THE GREAT SOCIALIST LIBYAN PEOPLE'S ARAB JAMAHIRIYA
APPLICATION No. 004/2011
ORDER
The Court composed of: Gerard NIYUNGEKO, President; Sophia A. B. AKUFFO, Vice-President; Bernard M. NGOEPE, Modibo T. GUINDOi Fatsah OUGUERGOUZ, Augustine S. L RAMADHANI , Duncan TAMBALA, Elsie N. THOMPSON and Sylvain ORE- Judges; and Robert ENO- Registrar,
#### In the matter of:
#### AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS
v.
#### THE GREAT SOCIALIST LIBYAN PEOPLE'S ARAB JAMAHIRJYA
After deliberations,
makes the following Order.
- 1. By an application dated 3 rd March, 2011 , the African Commission on Human and Peoples' Rights (hereinafter referred to as the Applicant) brought before the Court a case against the Great Socialist Libyan People's Arab Jamahiriya (hereinafter referred to as the Respondent). - 2. On ath June 2011 , the Registry received a letter from the Respondent dated 7 June, 2011 , transmitting its response to the Applicant's application
- 3. On 28th June, 2011 , the Registry received a letter from the Applicant dated 27 June, 2011 , requesting for extension of time for its reply to the Respondent's response, up to 30th September, 2011 . - 4. By an Order made on 2"d September 2011 , the Court decided to extend the time for the Applicant to file its reply to 30 September, 2011 . - 5. On J'h October 2011 , the Registry received a letter from the Applicant dated 28<sup>1</sup> <sup>h</sup>September, 2011 , requesting a second extension of time for its reply, for a further period of one year, 'to allow the situation in Libya to evolve sufficiently to permit the gathering of the required evidence'. - 6. By Jetter of 22 December, 2011 , the Registry forwarded the Applicant's request for a second extension of time to the Respondent, and requested the latter to acknowledge receipt and send its comments within thirty (30) days of the date of this letter. - 7. As at the time of this Order, the Respondent had not responded to the Registry's letter of 22 December, 2011 . - 8. The Rules of Court do not provide for a time limit for an Applicant to reply to the Respondent's response or an extension of such time limit, when given.
- 9. Despite this lacuna, the Court is of the op1mon that it has inherent powers, in the interest of justice, to set and extend time limits for the submission of pleadings. - 10. On this basis, the Court accedes to the Applicant's request and, accordingly, decides to extend the time for the Applicant to file its reply to 31 August, 2012.
Done at Arusha, this thirtieth day of March, in the year Two Thousand and Twelve, in English and French, the English text being authoritative.
Signed:
Gerard NIYUNGEKO, President C-;;~ Robert ENO, Registrar