Wakilii

Onyachi and Another v United Republic of Tanzania

African Court on Human and Peoples' Rights · [2021] AfCHPR 32 · 2021 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for reparations following judgment on merits finding violations of the African Charter on Human and Peoples' Rights
Decision
Pleadings reopened to admit late submissions; matter to proceed to determination of 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 reopening of pleadings in a reparations application where the Respondent State filed its response significantly out of time. The Court exercised its discretion under Rule 46(3) to reopen pleadings in the interests of proper administration of justice, accepting the Respondent's justification that consultations with government stakeholders caused the delay.

Outcome

Pleadings reopened to admit late submissions; matter to proceed to determination of reparations

Facts

The Applicants, Kenyan nationals serving 30 years' imprisonment in Tanzania for aggravated robbery, filed an application alleging violations of their rights under the African Charter. On 28 September 2017, the Court found violations of Articles 1, 6 and 7(1)(a), (b) and (c) of the Charter and ordered the Respondent to erase the effects of the violations. The Court reserved ruling on reparations and granted the Applicants 30 days to file submissions. The Applicants filed their reparations submissions on 30 July 2018. Despite multiple extensions and reminders, the Respondent failed to file its response. Pleadings were closed on 16 November 2020. On 12 May 2021, the Respondent filed its response out of time, requesting leave to file late and citing the need for consultations with government stakeholders.

Issues

  1. Whether the Court should reopen pleadings to admit the Respondent State's late submissions on reparations.

Orders

  • Proceedings in Application 003/2015 Kennedy Owino Onyachi and Charles John Mwaniki Njoka v. United Republic of Tanzania (Reparations) are hereby reopened.
  • Respondent State's Response to the Applicants' submissions on reparations is deemed as properly filed, in the interest of justice.
  • Applicants to submit Reply to the Respondent State's Response within thirty (30) days of receipt thereof.

Rules and key headnotes

Civil Procedure — Reopening of Pleadings — Discretion of Court
The Court has inherent discretionary power under Rule 46(3) to reopen pleadings after they have been closed and to admit submissions filed by parties out of time.
Civil Procedure — Reopening of Pleadings — Interests of Justice
Where a party files submissions significantly out of time but provides justification, the Court may exercise its discretion to reopen pleadings in the interests of proper administration of justice.

Legislation cited (2)

  • African Charter on Human and Peoples' Rights Articles 1, 3, 5, 6, 7(1)(a), 7(1)(b), 7(1)(c), 7(2)
  • Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights Article 22

Full judgment

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

Onyachi and Another v United Republic of Tanzania [2021] AfCHPR 32 (20 July 2021)
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.