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IN THE HIGH COURT OF TANZANIA APPELLATE JURISDICTION - - - - . - . , ...... ,-..~... - - - . > < e • _ L • • - - ~ CRIMINAL Ai?P:CAL NOo 75 OF 1982 ORIGINAL CHIJViINAL CASE NOo 35 OF 1982 OF THEDISTRICT COURT OF LINDI DISTRICT AT LINDI BEFORE: JoSo KAGINE, Esq., DISTRICT MAGISTRATE MOHAMEDI IS.SA NANJERU 0000000000 APPELLANT (Original Accused) Versus THE REPUBLIC 000000000000000000 RESPONDENT (Original Prosecutor) J U D G E ME N T MAINA, Jo The appellant was convicted of arson and l'i'~; was sentenced to ,;hree years imprisonment. It was not disputed that the appellant had built a house for the complainant, PW.l Sharifa Hemedi at an agreed contract sum of shs.250/=. It was also not disputed that the complainant had paid shs.100/=, leaving unpaid balance of shs .. 150/=. Now, an 13.2.1982 the appellant was seen by P1J. 2 Sikujuwa Liike setting fire to the very house which the aµpellant had built for the complainant. The time was about 8 a.m. The appellant started to run away and PW.4 Fatuma also saw the appellant running away from the burning house. Both Sikujuwa and Fatuma knew the appellant very well and the question of mistaken identity does nqt arise. The appellant's denial COI\Jld not have cast any doubt on the prosecution evidence. The witness he called did not know about the appellant's movements on the material day becaus2 the witness, DW.2 Salima 1 employed the appellant to build her house in March, 1982. The appellant was convicted on clear evidence as the witnesses saw him in broad day light ar,d they knew him very well. There was no reason at all to disbelieve the witnesses. The sentence passed was proper and it cannot be considered as excessive. The sentence is confirmed. This appeal is dismissed. I .\ ~Jt lA. cv, l•V'V Wo Jo Maina, Judge MTWARA