[2019] AfCHPR 91
The Court determined that the Applicant's request to amend his application and submit further evidence was justified under Rule 50 of the Rules of Court. The absence of objection from the Respondent State and the procedural nature of the request supported the granting of leave. The Court reserved its decision...
Source-derived case information.
- Citation
- [2019] AfCHPR 91
- Parties
- Applicant: Dominick Damian; Respondent: United Republic of Tanzania
- Court
- African Court on Human and Peoples Rights
- Jurisdiction
- Uganda
- Case Number
- Application No. 048/2016
- Procedural Posture
- Miscellaneous Application / Interlocutory Order
- Outcome
- Applicant granted leave to amend application and submit further evidence; decision on public hearing reserved.
- Judges
- Anukam J, Ben Achour J, Bensaoula J, Chizumila J, Eno R, Kioko VP, Matusse J, Mengue J, Mukamulisa J, Orè P, Tchikaya J
- Legal Topics
- Murder Conviction, Death Sentence, Application Amendment, Submission of Further Evidence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dominick Damian
Applicant
United Republic of Tanzania
Respondent
Procedural Posture
Miscellaneous Application / Interlocutory Order
Legal Issues
- 1 Whether the Applicant should be granted leave to amend his application or submit a supplement to the application.
- 2 Whether the Applicant should be permitted to file further evidence in his defence pursuant to Rule 50 of the Rules of Court.
- 3 Whether the Court should defer drafting judgment until further submissions are made by the Applicant.
Ratio Decidendi
The Court determined that the Applicant's request to amend his application and submit further evidence was justified under Rule 50 of the Rules of Court. The absence of objection from the Respondent State and the procedural nature of the request supported the granting of leave. The Court reserved its decision regarding the request for a public hearing, indicating that such procedural matters may be addressed at a later stage. The order ensures that the Applicant is afforded a fair opportunity to present his case fully before the Court proceeds to judgment.
Court Disposition
Applicant granted leave to amend application and submit further evidence; decision on public hearing reserved.
Orders
- The Applicant is granted leave to amend his Application and submit further evidence in support of the same within fifteen (15) days of notification of this Order.
- The Court reserves its decision on the request to hold a public hearing.
Full Case Text
Judgment text and source record
40 paragraphs
000881
048/2016<br>13/02/2019<br>000881 - 000878 PM,
# **AFRICAN UNION UNION AFRICAINE** الاتحاد الأقريقي **UNIÃO AFRICANA AFRICAN COURT ON HUMAN AND PEOPLES' RIGHTS** COUR AFRICAINE DES DROITS DE L'HOMME ET DES PEUPLES
THE MATTER OF
**DOMINICK DAMIAN**
$\mathsf{V}.$
### **UNITED REPUBLIC OF TANZANIA**
APPLICATION No. 048/2016
**ORDER**
**13 FEBRUARY 2019**
## <sup>t</sup> 0008s 0
The Court composed of: Sylvain ORE, President; Ben KIOKO, Vice-President; RafaA BEN ACHOUR, Angelo V. MATUSSE, Suzanne MENGUE, M.- Th6rdse MUKAMULISA, Tujilane R. CHIZUMILA, Chafika BENSAOULA, Blaise TCHIKAYA, Stella l. ANUKAM, Judges; and Robert ENO, Registrar.
ln accordance with Article 22 of the Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights and Rule 8(2) of the Rules of Court, Justice lmani D. ABOUD, member of the Court and a national of Tanzania, did not hear the Application.
ln the matter of:
Dominick DAMIAN,
represented by:
Advocate Jebra KAMBOLE
Versus
UNITED REPUBLIC OF TANZANIA,
represented by:
Dr. Clement Julius MASHAMBA, Solicitor General, Attorney General's Chambers
after deliberation,
issues the following Order:
## I. THE PARTIES
- 1. The Applicant, Dominick Damian, is a national of the United Republic of Tanzania (hereinafter referred to as "the Applicant"). He was convicted of murder contrary to Section 196 of the Penal Code of the United Republic of Tanzania and on <sup>14</sup> December 2012, was sentenced to death by the High Court of Tanzania sitting at Bukoba. His conviction and sentence were upheld by the Court of Appeal of Tanzania sitting at Mwanza on 17 March 2014. - 2. The Respondent State, the United Republic of Tanzania, became a party to the African Charter on Human and Peoples' Rights (the Charter) on 21 October 1986 and to the Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights (the Protocol) on 10 February 2006. On 29 March 2010, the Respondent State deposited its declaration as prescribed under Article 34(6) of the Protocol.
## II. PRAYERS OF THE PARTIES
#### 3. The Applicant prays:
"(i) permission from this Honourable Court to amend Application No. 04812016 (the 2016 Application") or submit a supplement to the 2016 Application;
(ii) permission to file further evidence in his defence, pursuant to Rule 50 of Rules of Court;
(iii) that the Court defer drafting judgment in this matter until the Applicant has made the contemplated further submissions; and
(iv) that these matters be addressed at an oral proceeding, pursuant to Rules 27 and71 of the Rules of Court."
4. The Respondent State did not respond to the prayers of the Applicant
#### THE COURT:
- Grants the Applicant leave to amend his Application and submit further evidence in support of the same within fifteen (15) days of notification of this Order. - ii. Reserves its decision on the request to hold a public hearing
Signed
Sylvain ORE, President
and Robert ENO, Registrar
Done at Arusha, this thirteenth day of February in the Year 2019, in English and French, the English text being authoritative.