Wakilii

Mahiri v United Republic of Tanzania

African Court on Human and Peoples' Rights · [2022] AfCHPR 1 · 2022 Application Struck Out AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to the African Court on Human and Peoples' Rights alleging human rights violations arising from domestic murder conviction and death sentence
Decision
Application struck out without prejudice to restoration

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 struck out the Application from its cause list under Rule 65(1) of the Rules where the Applicant failed to file submissions on reparations despite multiple extensions, the Respondent State failed to file its Response, and the Applicant could not be located at the address provided in his Application. The Court held it was no longer justified to continue with the examination of the Application.

Outcome

Application struck out without prejudice to restoration

Facts

The Applicant, a Tanzanian national, was convicted of murder and sentenced to death by hanging by the High Court of Tanzania on 28 August 1991 after killing a man he found with his wife. The Court of Appeal upheld the conviction on 29 May 1992. The death sentence was later commuted to life imprisonment by presidential pardon. The Applicant filed an application with the African Court on Human and Peoples' Rights on 1 August 2017, alleging violations of his rights under the African Charter. Pro bono counsel was appointed but later withdrew after being unable to locate the Applicant, who was believed to have been released from prison. Neither party filed required submissions despite multiple extensions of time.

Issues

  1. Whether the Application should be struck out from the Court's cause list where the Applicant failed to file submissions on reparations despite extensions of time and could not be located at the address provided.

Orders

  • Application struck out from the Court's Cause List.
  • Striking out is without prejudice to the Applicant's right to file for restoration of his Application in accordance with Rule 65(3) of the Rules.

Rules and key headnotes

Civil Procedure — Striking Out — Failure to Prosecute Case with Diligence
A court may strike out an application from its cause list where an applicant fails to pursue the case within the time limit provided by the court or where it is no longer justified to continue with the examination of the application.
Civil Procedure — Striking Out — Duty to Update Court on Change of Circumstances
Regardless of a change in circumstances such as release from prison or change of address, it behoves an applicant to give updates or notify the court on their status or current whereabouts.
Civil Procedure — Striking Out — Without Prejudice to Restoration
The striking out of an application is without prejudice to the applicant's right to file for restoration of the application in accordance with the applicable rules of court.

Cases cited (1)

  • Abdallah Ally Kulukuni v United Republic of Tanzania (Application No. 007/2018)

Full judgment

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

Mahiri v United Republic of Tanzania [2022] AfCHPR 1 (24 March 2022)
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.