Wakilii

Anudo v United Republic of Tanzania

African Court on Human and Peoples' Rights · [2020] AfCHPR 33 · 2020 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for re-opening of pleadings in reparations phase following judgment on merits
Decision
Pleadings re-opened to allow Applicant to file Reply on reparations

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The African Court on Human and Peoples' Rights ordered the re-opening of pleadings in the reparations phase of Application No. 012/2015. The Court found exceptional circumstances existed due to difficulties in transmitting the Respondent State's submissions to the Applicant's new representatives and communication challenges arising from the Applicant's refugee status in Uganda. In the interests of justice, the Court granted leave to re-open pleadings and allowed the Applicant thirty days to file a Reply after re-service of the Respondent State's Response.

Outcome

Pleadings re-opened to allow Applicant to file Reply on reparations

Facts

Following a judgment on the merits delivered on 22 March 2018 in which the African Court found Tanzania had violated the Applicant's rights under the African Charter and international human rights instruments, the Applicant filed submissions on reparations on 1 June 2018. The Respondent State filed its Response on 5 December 2019. The Applicant did not file a Reply despite being granted an extension of time. Pleadings were closed on 15 July 2020. The Court noted difficulties in transmitting the Respondent State's submissions to the Applicant's new representatives, Dignity Kwanza, and communication challenges arising from the Applicant's refugee status in Uganda.

Issues

  1. Whether pleadings should be re-opened to allow the Applicant to file a Reply to the Respondent State's submissions on reparations.

Orders

  • Pleadings in Application No. 012/2015, Anudo Ochieng Anudo vs. United Republic of Tanzania be and are hereby re-opened.
  • The Respondent State's Response to the Applicant's submissions on reparations be served again on the Applicant.
  • The Applicant's Reply, if any, should be filed within thirty (30) days of receipt of the Respondent State's Response.

Rules and key headnotes

Civil Procedure — Re-opening of Pleadings — Exceptional Circumstances
A court may grant leave to re-open pleadings after closure where exceptional circumstances exist and the interests of justice require it, including where difficulties in communication with counsel and transmission of documents have prevented a party from filing a response.
Civil Procedure — Additional Evidence — Leave of Court Required
No party shall file additional evidence after closure of pleadings except by leave of court, and such leave may be granted only in exceptional circumstances.

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Anudo v United Republic of Tanzania [2020] AfCHPR 33 (8 September 2020)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.