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Administrative Law [2025] AfCHPR 12

Noudehouenou v Republic of Benin (Ruling) (Application No. 020/2020)

Noudehouenou v Republic of Benin (Ruling) (Application No. 020/2020) [2025] AfCHPR 12 (5 February 2025)

Court
African Court on Human and Peoples Rights
Case number
Application No. 020/2020
Judge
Aboud P, Adjei J, Anukam J, Ben Achour J, Bensaoula J, Chizumila J, Gaswaga J, Mengue J, Ntsebeza J, Sacko VP, Tchikaya J

The Court found that it has material jurisdiction to hear the application because the applicant alleged violations of rights protected by the Charter and other human rights instruments ratified by Benin, and the application was filed before the withdrawal of Benin's declaration took effect. However, the Court held that the application was inadmissible due to non-exhaustion of local remedies. In the SBEE case, the applicant failed to demonstrate that the appeal proceedings were unduly prolonged or that he took necessary steps to obtain the judgment, and did not pursue the available remedy befo…

Source excerpt

  • Exhaustion Of Local Remedies
  • Material Jurisdiction
  • Right To Fair Trial
  • Contractual Disputes
  • Judicial Review
  • Admissibility Requirements
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Constitutional Law [2019] AfCHPR 45

Manyuka v Tanzania (Application No. 020/2015)

Manyuka v Tanzania (Application No. 020/2015) [2019] AfCHPR 45 (28 November 2019)

Court
African Court on Human and Peoples Rights
Case number
Application No. 020/2015
Judge
Ben Achour J, Bensaoula J, Chizumila J, Eno R, Guissè J, Kioko VP, Matusse J, Mengue J, Mukamulisa J, Niyungeko J, Orè P

The African Court found that it possessed material, personal, temporal, and territorial jurisdiction over the application, as the alleged violations concerned rights protected under the Charter and the Respondent State had ratified the relevant instruments and made the necessary Declaration. The Court dismissed objections that it was being asked to act as a court of first instance or appellate court, reiterating its mandate to assess compliance with international obligations rather than review domestic decisions. On admissibility, the Court held that the Applicant had exhausted local remedies…

Source excerpt

  • Right To Fair Trial
  • Exhaustion Of Local Remedies
  • Reasonable Time Requirement
  • Appellate Jurisdiction
  • Personal Jurisdiction
  • Material Jurisdiction
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Civil Procedure [2019] AfCHPR 16

Malengo v Tanzania (Application No. 030/2015)

Malengo v Tanzania (Application No. 030/2015) [2019] AfCHPR 16 (4 July 2019)

Court
African Court on Human and Peoples Rights
Case number
Application No. 030/2015
Judge
Aboud J, Ben Achour J, Bensaoula J, Chizumila J, Eno R, Kioko VP, Matusse J, Mengue J, Mukamulisa J

The Court found that while it has material, personal, temporal, and territorial jurisdiction over the application, the applicant failed to exhaust local judicial remedies regarding the alleged violations, including delay in proceedings and false imprisonment. The applicant's actions, such as petitioning the Chief Justice, were administrative and not judicial remedies. There was no evidence that available remedies were unavailable, ineffective, or unduly prolonged. As exhaustion of local remedies is a mandatory admissibility requirement, and the applicant did not comply, the application is ina…

Source excerpt

  • Exhaustion Of Local Remedies
  • Reasonable Time Requirement
  • Right To Fair Trial
  • Material Jurisdiction
  • Admissibility Conditions
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Uganda decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.