Criminal Appeal No

IK THE COURT OF APPEAL OF TANZANIA AT MWANZA CORAM: MUSTAFA, J . A . ; MAKAM.B, J .A q And. KISflNGA. J.A. CRIMINAL APPEAL NO. 56 OF I984 BETWEEN LEONARD SELESTINE.................. .... . . . . APPELLANT VERSUS THE REPUBLIC............................... * . . . RESPONDENT (Appeal from the D e c is io n o f the High Court o f Tanzania at Mwanza) (Munyera J . ) dated, the 24th day of August, 1984 , in Criminal Appeal No.76 o f 1984 JUDGEMENT OF THE COURiT MUSTAFA, J . A . : This is a second a p p ea l. The a p p e lla n t and 3 other persons were charged with armed r o b b e r y . They were a lle g e d to have broken in to the house o f P .W .l. Both P .W .l and P.W. 3 who were in the house i d e n t i f i e d the a p p e lla n t who was Accused 2 a t the t r i a l and another person Accused 1. They d id n o t i d e n t i f y the other two p ersons. Both P .W .l and P.W. 3 had known the a p p e lla n t and Accused 1 p r e v i o u s l y as th ey liv e d in the same v i l l a g e . The t r i a l Court found that P .W .l and P.W .3 had p r o p e r ly i d e n t i f i e d the a p p e lla n t and Accused 1, and found that the r o b b e r y took p la c e as a l l e g e d . He c o n v ic te d the a p p e lla n t a r i Accused 1 as charged and sentenced them to 7 years impr isonmenife# Both o f them appealed to the High Court, and the ground o f appeal was i d e n t i f i c a t i o n . The High Court confirmed the f i n d i n g o f the t r i a l c o u r t and d ism issed the app ea ls. Now o n ly the a p p e lla n t i s a p p ea lin g to t h is Court. He i s again a p p e a lin g on the q u e stio n of i d e n t i f i c s t i c - n . In our view i d e n t i f i c a t i o n i s a q u e stio n o f f a c t and sin ce both the co u r ts below , on evidence adduced b e f o r e them, have been s a t i s f i e d that the a p p e lla n t was t » •»«••• - 2 - p r o p e r ly id en tified , t h i s appeal i s incompetent as no law i s in v o lv ed and i s d ism issed . Dii’ETI' at MltaiiZ... t h i s 2nd c.ay of December, 1985• A, iJUST.J^ jusTig;, or iiPPi?i)L L. iL.K.IIIT JUSTICE 01^ PPIJL 1’ . H. I IS. JUSTICE QF .Fir.-.L i\ I c e r t i f y th a t t h i s i-. a true copy of the o r i g i n a l .