Wakilii

Mango and Another v United Republic of Tanzania

African Court on Human and Peoples' Rights · [2020] AfCHPR 34 · 2020 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for leave to file additional evidence in reparations proceedings following judgment on merits
Decision
Pleadings reopened to allow filing of additional evidence in reparations proceedings

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 granted the Applicants' request for leave to file additional evidence after closure of pleadings in reparations proceedings. The Court found exceptional circumstances warranting reopening of pleadings, including the COVID-19 pandemic's impact on prison visits and difficulties in locating the incarcerated Applicants who had been transferred without counsel's knowledge. The Court ordered pleadings reopened and the additional evidence deemed duly filed.

Outcome

Pleadings reopened to allow filing of additional evidence in reparations proceedings

Facts

The Applicants had obtained a judgment on merits on 11 May 2018 finding that Tanzania violated their right to a fair trial under the African Charter. Reparations pleadings were filed starting 30 July 2018 and closed on 20 May 2020. On 6 June 2020, the Applicants requested leave to file additional evidence comprising affidavits sworn in July 2019 by the Applicants and alleged indirect victims. The Court initially denied the request on 30 June 2020 on the ground that the affidavits were sworn in July 2019 and could have been filed before closure of pleadings. The Applicants explained that they encountered difficulties acquiring documentation because they had been incarcerated for almost 16 years with documents misplaced, were transferred to different prisons without counsel's knowledge, and the COVID-19 pandemic suspended prison visits and prevented counsel from locating other relatives. During its 58th Ordinary Session, the Court decided to review its denial decision in the interests of justice.

Issues

  1. Whether the Court should grant leave to the Applicants to file additional evidence after closure of pleadings in reparations proceedings.

Orders

  • Pleadings in Application No. 005/2015 Thobias Mang'ara Mango and Shukurani Masegenya Mango v. United Republic of Tanzania (Reparations) be and are hereby re-opened.
  • The Applicants' additional evidence be deemed as duly filed and be served on the Respondent State.

Rules and key headnotes

Civil Procedure — Additional Evidence — Leave to File After Closure of Pleadings
Additional evidence may be admitted after closure of pleadings only with leave of court and in exceptional circumstances.
Civil Procedure — Additional Evidence — Exceptional Circumstances — COVID-19 Pandemic and Incarceration
Where applicants have been incarcerated for an extended period with documents misplaced, were transferred to different prisons without counsel's knowledge, and a pandemic suspended prison visits preventing counsel from obtaining evidence, these circumstances qualify as exceptional and warrant reopening of pleadings to admit additional evidence.

Full judgment

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

Mango and Another v United Republic of Tanzania [2020] AfCHPR 34 (4 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.