Kalijo v United Republic of Tanzania (Application No. 026-2017)

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

The African Court on Human and Peoples' Rights ordered the reopening of pleadings in Application No. 026/2017. The Court ruled that in the interests of justice, the Applicant's Reply to the Respondent State's Response, filed after the closure of pleadings, should be deemed properly filed. The Respondent State was ordered to submit its Reply within thirty days.

Outcome

Pleadings reopened to allow late-filed Reply; matter to proceed with further submissions

Facts

The Applicant, a Tanzanian national, was convicted of armed robbery by the District Court of Nzega on 21 September 2005 and sentenced to 30 years imprisonment. His appeal to the Court of Appeal of Tanzania at Tabora was dismissed on 29 March 2011. He filed an application with the African Court on 31 August 2017 alleging violations of his rights to fair trial and equality. The Respondent State filed its Response on 21 March 2019. After several extensions granted to the Applicant, pleadings were closed on 17 July 2019. On 7 August 2019, the Applicant filed his Reply after the closure of pleadings.

Issues

1. Whether the proceedings should be reopened to allow the Applicant to file a Reply to the Respondent State's Response.
2. Whether the Applicant's late-filed Reply should be deemed properly filed in the interests of justice.

Orders

• Proceedings in Application No. 026/2017 - Maulidi Swedi @ Mswezi Kalijo v. United Republic of Tanzania be and are hereby reopened.
• In the interests of justice, the Applicant's Reply to the Respondent State's Response to the Application be deemed to have been properly filed.
• The Respondent State to submit his Reply to the Applicant's Response, if any, within thirty (30) days of receipt thereof.

Legislation cited (7)

• African Charter on Human and Peoples' Rights Article 2
• African Charter on Human and Peoples' Rights Article 3(1)
• African Charter on Human and Peoples' Rights Article 3(2)
• African Charter on Human and Peoples' Rights Article 7
• Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights Article 22
• Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights Article 34(6)
• Constitution of Tanzania 1977 Article 13(6)(a)

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