[2019] AfCHPR 29

[2019] AfCHPR 29

The Court determined that, in the interests of justice, the Respondent State's late response to the Applicant's submissions on reparations should be accepted and deemed properly filed. The Court exercised its procedural discretion to re-open the pleadings, thereby allowing the Applicant an opportunity to reply to the Respondent State's response. This decision was guided by the principles of fair hearing and procedural fairness, ensuring that both parties are afforded a full opportunity to present their arguments on reparations. The Court's order does not address the substantive merits of the Applicant's claims but is limited to the procedural management of the reparations phase of the...

Citation
[2019] AfCHPR 29
Parties
Applicant: Sadick Marwa Kisase; Respondent: United Republic of Tanzania
Court
African Court on Human and Peoples Rights
Jurisdiction
Uganda
Judgment Date
19 August 2019
Case Number
Application No. 005/2016
Procedural Posture
Application / Order for Re Opening of Pleadings
Outcome
Order for re-opening of pleadings and acceptance of Respondent State's late response on reparations.
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
Right to Fair Trial, Legal Assistance, Equal Protection, Domestic Remedies
Source Language
English
Criminal Law Constitutional Law Right to Fair Trial Legal Assistance Equal Protection Domestic Remedies

Case Brief

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Parties

Sadick Marwa Kisase

Applicant

United Republic of Tanzania

Respondent

Procedural Posture

Application / Order for Re Opening of Pleadings

Legal Issues

  1. 1 Whether the Applicant's right to be heard was violated during domestic proceedings.
  2. 2 Whether the Applicant was denied equal protection before the law.
  3. 3 Whether the Applicant was denied legal assistance in violation of the Charter and the Tanzanian Constitution.

Ratio Decidendi

The Court determined that, in the interests of justice, the Respondent State's late response to the Applicant's submissions on reparations should be accepted and deemed properly filed. The Court exercised its procedural discretion to re-open the pleadings, thereby allowing the Applicant an opportunity to reply to the Respondent State's response. This decision was guided by the principles of fair hearing and procedural fairness, ensuring that both parties are afforded a full opportunity to present their arguments on reparations. The Court's order does not address the substantive merits of the Applicant's claims but is limited to the procedural management of the reparations phase of the...

Court Disposition

Order for re-opening of pleadings and acceptance of Respondent State's late response on reparations.

Orders

  • The proceedings in Application No. 005/2016 are hereby reopened.
  • The Respondent State's Response to the Applicant’s submissions on reparations is deemed as properly filed.