19831025 TZHC Arusha

:'.. • . IN THE HIGH COURT OF 'TANZANIA AT ARTY3HA. CR7.MIN•.L AFFAL NO. 2.73 OF 1978 (FROM 2H7 DECISION OF THE DISI1 RIC1 COURT OF HAIANG AB E.ABAIBI IN CRIMINAL CASE NO. 156 OF 1978 GIDOS LAMEA & ONE ANOBHER ............. .4.P?ELLANi VRSU S THE REPUBLIC ......................... RESPODENT JUDGMENT. The two appellants in this case Gidos Lamba and I\tyagabi Lamba were convicted of cattle theft and sentenced to five years imprisonment. P7,11 Wele testified that during the night Of 10/11 November 1977 'three people broke into his homestead, beat him up, and made off with 21 head of cattle.' Two of these cattle were later found straying in the neighbourhood and were recovered. On the next day PW2. Lele , PW3 Hayana and almost 180 other villagers ':0ilowed the cattle tracks. They came across the appellants driving the stolen cattle and after a short chase, the 'ppe11ants were arrested. The trial court rejected the appe11ant's efence of alibi and in the circumstances, considering that they were appehended red handed with the cattle, this defence was peculiar and rightly rejected. In the event I disiss the appeals by both appellants in their entirety. . J.C.I'S UZA AG. JUDGE 25.10.83 Delivered this 25.10.198 in the absencq of both parties. J.C. ' OTJZA AG. JUDGE, 25.10.1983 JCDS/sam.