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EXHAUSTING LOCAL REMEDIES IS A LEGAL REQUIREMENT – (African Court)

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Exhaustion of local remedies by an Applicant is not a matter of choice. it is a legal requirement in international law. Therefore this Court in the matter of Application No 003/2011 Urban Mkandawire v Republic of Malawi affirmed the importance of this requirement; it dismissed the application on the basis that the Applicant in that matter had not exhausted local judicial remedies.

– CHACHA v. THE UNITED REPUBLIC OF TANZANIA (003/2012) [2014] AFCHPR 48 para 142

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DOCTRINE OF EXHAUSTION OF LOCAL REMEDIES

In other words, the issue is hinged on the disrespect for the doctrine of exhaustion of local remedy in a legislation. The doctrine connotes that a party 49 must accomplish all internal remedies, donated to him by a statute, before approaching a Court for redress. Where a party ignores harvesting them, his action will be...

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