Uganda Case Law

Kalijo v United Republic of Tanzania (Application 026/2017)

Kalijo v United Republic of Tanzania (Application 026/2017) [2023] AfCHPR 39 (7 November 2023)

Court

African Court on Human and Peoples Rights

Case number

Application 026/2017

Judge

Adjei J, Anukam J, Ben Achour J, Bensaoula J, Chizumila J, Eno R, Kioko J, Mengue J, Ntsebeza J, Sacko VP, Tchikaya J

The Court held that it has material, personal, temporal, and territorial jurisdiction to hear the application because the alleged violations concern rights protected by the Charter, the application was filed before the withdrawal of Tanzania's Article 34(6) Declaration took effect, and the alleged violations are continuing and occurred within Tanzania. The Court found that the applicant exhausted local remedies by appealing to the highest court. However, the Court determined that the application was not filed within a reasonable time after exhaustion of local remedies, as over six years elaps…

Source excerpt

• Armed Robbery
• Fair Trial Rights
• Exhaustion Of Local Remedies
• Reasonable Time Requirement

Swedi alias Kalijo v United Republic of Tanzania (Application No. 026/2017)

Swedi alias Kalijo v United Republic of Tanzania (Application No. 026/2017) [2023] AfCHPR 53 (7 November 2023)

Court

African Court on Human and Peoples Rights

Case number

Application No. 026/2017

Judge

Adjei J, Anukam J, Ben Achour J, Bensaoula J, Chizumila J, Kioko J, Mengue J, Ntsebeza J, Sacko VP, Tchikaya J

The African Court held it had jurisdiction over Maulidi Swedi’s application but declared it inadmissible because it was filed more than six years after local remedies ended.

• Right To Fair Trial
• Non Discrimination
• Equality Before The Law
• Exhaustion Of Local Remedies
• Reasonable Time Requirement
• Reasonable-time

Traore v Republic of Mali (Application No. 002/2019)

Traore v Republic of Mali (Application No. 002/2019) [2022] AfCHPR 30 (22 September 2022)

Court

African Court on Human and Peoples Rights

Case number

Application No. 002/2019

Judge

Aboud P, Adjei J, Anukam J, Ben Achour J, Bensaoula J, Chizumila J, Kioko J, Mengue J, Ntsebeza J, Tchikaya VP

The African Court held it had jurisdiction over Yacouba Traoré’s application against Mali, but dismissed it as inadmissible for failure to exhaust local remedies.

• Exhaustion Of Local Remedies
• Right To Fair Hearing
• Reasonable Time Requirement
• Labour Disputes
• Admissibility Requirements
• Exhaustion-of-local-remedies

Fundumu v United Republic of Tanzania (Application No. 016/2018)

Fundumu v United Republic of Tanzania (Application No. 016/2018) [2022] AfCHPR 25 (22 September 2022)

Court

African Court on Human and Peoples Rights

Case number

Application No. 016/2018

Judge

Adjei J, Anukam J, Ben Achour J, Bensaoula J, Chizumila J, Kioko J, Mengue J, Ntsebeza J, Sacko J, Tchikaya VP

The Court found that it had material, temporal, personal, and territorial jurisdiction to consider the Application, as the alleged violations related to rights protected by the Charter and occurred after the relevant instruments were ratified by the Respondent State. The Court dismissed the Respondent State's objections to jurisdiction. On admissibility, the Court determined that the Applicant had exhausted local remedies by appealing to the highest domestic court. However, the Application was filed six years, ten months, and twenty-two days after exhaustion of local remedies, and the Applica…

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• Right To Fair Trial
• Exhaustion Of Local Remedies
• Reasonable Time Requirement
• Discrimination
• Equal Protection Of Law

Yusuph v United Republic of Tanzania (Application No. 036/2017)

Yusuph v United Republic of Tanzania (Application No. 036/2017) [2022] AfCHPR 7 (24 March 2022)

Court

African Court on Human and Peoples Rights

Case number

Application No. 036/2017

Judge

Anukam J, Ben Achour J, Bensaoula J, Chizumila J, Kioko J, Mengue J, Mukamulisa J, Ntsebeza J, Sacko J, Tchikaya VP

The African Court held it had jurisdiction over Rajabu Yusuph’s case but declared the application inadmissible because it was filed outside a reasonable time.

• Right To Fair Trial
• Exhaustion Of Local Remedies
• Reasonable Time Requirement
• Jurisdiction Of Regional Courts
• Right To Legal Representation
• Reasonable-time-requirement

Richard v United Republic of Tanzania (Application No. 035/2016)

Richard v United Republic of Tanzania (Application No. 035/2016) [2021] AfCHPR 7 (2 December 2021)

Court

African Court on Human and Peoples Rights

Case number

Application No. 035/2016

Judge

Anukam J, Ben Achour J, Bensaoula J, Chizumila J, Eno R, Kioko J, Mengue J, Mukamulisa J, Tchikaya VP

The African Court found Tanzania violated Robert Richard’s right to be tried within a reasonable time after his appeal remained undecided for nearly ten years.

• Right To Fair Trial
• Reasonable Time Requirement
• Judicial Delay
• Remedies For Human Rights Violations
• Right-to-fair-trial
• Reasonable-time

Makene v United Republic of Tanzania (Application No. 028/2017)

Makene v United Republic of Tanzania (Application No. 028/2017) [2021] AfCHPR 4 (2 December 2021)

Court

African Court on Human and Peoples Rights

Case number

Application No. 028/2017

Judge

Anukam J, Ben Achour J, Bensaoula J, Chizumila J, Eno R, Kioko J, Mengue J, Mukamulisa J, Tchikaya J

The African Court held that it had jurisdiction over Layford Makene's application, but found it inadmissible because it was filed outside a reasonable time.

• Right To Fair Trial
• Non Discrimination
• Exhaustion Of Local Remedies
• Reasonable Time Requirement
• Exhaustion-of-local-remedies
• Reasonable-time-requirement

Zanzibar v United Republic of Tanzania

Zanzibar v United Republic of Tanzania [2021] AfCHPR 57 (26 February 2021)

Court

African Court on Human and Peoples Rights

Judge

Anukam J, Ben Achour J, Bensaoula J, Chizumila J, Eno R, Kioko VP, Matusse J, Mengue J, Mukamulisa J, Orè P, Tchikaya J

The African Court found Tanzania failed to provide free legal assistance to an accused man convicted of rape, but rejected challenges to the evidence and upheld the conviction.

• Right To Fair Trial
• Free Legal Assistance
• Exhaustion Of Local Remedies
• Reasonable Time Requirement
• Right-to-fair-trial
• Free-legal-assistance

Lyambaka v United Republic of Tanzania

Lyambaka v United Republic of Tanzania [2020] AfCHPR 30 (25 September 2020)

Court

African Court on Human and Peoples Rights

Judge

Anukam J, Ben Achour J, Bensaoula J, Chizumila J, Eno R, Kioko VP, Matusse J, Mengue J, Mukamulisa J, Orè P, Tchikaya J

The African Court held it had jurisdiction over Hamad Mohamed Lyambaka’s application, but found it inadmissible because it was not filed within a reasonable time.

• Right To Fair Trial
• Exhaustion Of Local Remedies
• Reasonable Time Requirement
• Appellate Jurisdiction Limitations
• Legal Representation
• Admissibility Of Human Rights Applications

Luchagula v United Republic of Tanzania (Application No. 039/2016)

Luchagula v United Republic of Tanzania (Application No. 039/2016) [2020] AfCHPR 19 (25 September 2020)

Court

African Court on Human and Peoples Rights

Case number

Application No. 039/2016

Judge

Anukam J, Ben Achour J, Bensaoula J, Chizumila J, Eno R, Kioko VP, Matusse J, Mengue J, Mukamulisa J, Orè P, Tchikaya J

The Court found that it had material, personal, temporal, and territorial jurisdiction to hear the application, as the subject matter concerned alleged violations of rights protected by the Charter and the respondent state had made the necessary declaration under Article 34(6) of the Protocol. The applicant had exhausted local remedies by appealing to the highest court, and was not required to pursue extraordinary remedies such as review or constitutional petition. However, the application was filed six years, three months, and fifteen days after the relevant declaration, and the applicant fa…

Source excerpt

• Right To Fair Trial
• Exhaustion Of Local Remedies
• Reasonable Time Requirement
• Jurisdiction Of Regional Courts
• Admissibility Of Applications