Wakilii

Selemani v United Republic of Tanzania (Application No. 042-2019)

African Court on Human and Peoples' Rights · [2020] AfCHPR 57 · 2020 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for leave to amend pleadings in a human rights application before the African Court on Human and Peoples' Rights
Decision
Leave to amend pleadings granted; amended pleadings to be served on Respondent State

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 Applicant leave to amend his pleadings pursuant to Rule 47 of the Rules of Court. The Court held that the request complied with Rules 47(1) and 47(2) as it was filed before the close of pleadings and specified the part of the pleadings to be amended.

Outcome

Leave to amend pleadings granted; amended pleadings to be served on Respondent State

Facts

The Applicant, a Tanzanian national incarcerated at Lilungu prison following conviction and sentence to death for murder by the High Court at Mtwara, filed an application before the African Court alleging violations of his rights under the African Charter. After the Court granted him legal aid, his Counsel sought leave to amend the pleadings to provide facts and evidence in support of his claims. The Respondent State opposed the request, characterising it as an afterthought with no basis. The request was filed before the close of pleadings.

Issues

  1. Whether the Applicant should be granted leave to amend his pleadings after the Court granted him legal aid.

Orders

  • Request by the Applicant for leave to amend the pleadings granted.
  • The Applicant's amended pleadings be deemed as duly filed and be served on the Respondent State.

Rules and key headnotes

Civil Procedure — Amendment of Pleadings — Timing and Requirements
A party may amend its pleadings before the close of pleadings subject to the approval of the Court, provided the request is made by written notice explaining the specific part to be amended and stating the reasons therefor.

Cases cited (1)

  • Andrew Ambrose Cheusi v United Republic of Tanzania (Application No. 004/2015)

Full judgment

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

Selemani v United Republic of Tanzania (Application No. 042-2019) [2020] AfCHPR 57 (20 November 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.