19880318 TZHC Mtwara

IN Tff~ HIGH COURT OF T '. NZ.i.JJLi ·(MTW;._R.,\ REGISTRY) 1\PPI~LLii.TE JURISDICTION HIGH COURT CRIMIN.,:\L ::J?PE~\L NO. 8 OF 1986 JVIASA:SI D/C CRIMINL.L .:LPPE.:..L NO. 59/86 ORIGTN~'i.L ORIMIN.i,.L CASE NO• 100 OF 1986 OF THE PRIM.,:'\.RY COURT OF LULIHDI AT TuL:\.S..:"~,SI DISTRICT BEFORE: P • .1i~ LYIMO Esq.,, DISTRICT MJ,.GISTRli.TE MOHAJViEDI MUSA M.ll.SIWDL ••••• e • . • • • • • • . • • • • • • • , APPELLANT Versus THE REPUBLIC · • .............. ~ ••••••••••• ~ •••• RESPONDENT .J J U D G E ME N T The appellant wa chGrged with robbery with violence and this irvas before Lulind.i Prii:_1ary Court. It was stated that on 31/8/86 at o.bout 7 pm the complainan·t (PW 1) was returnitlg houe fron the shops. On ~he way she met a man who turned to be the appellant. After they exchruiged a few words the.t nan gro..bbed t:.10 co:·:ipla.ina:7.t thre-.:1 on ground and took away one piece of Khru1ga, seven rings and Cash Shs.70/- and ran away. She reported to the COM office and mentioned the appellnnt as her assailant. The· appellant uns fi!1c.:'...J_y• o.rr:::sted and was in possession of the rings and cash Shs.65/05. He vvas charged accordi- ngly. In his defence he denied the charge and explained his movements of that day of incident till he was arrested I . by Mganbo. He admitted he ,vas found with the rings which were identified by the conplninru1t as her property. He was convicted and sentenced to seven (7) years inprisonment, his appeal to the District Court was dismissed, he appeal(jd further to this Court • • .• .•.. 2 . 2 The issue before the court was the identification of the appellant. Both lower courts held concurrent views that he was amply idcntifi_ed. This being a question of fa.ct I find no good reasons to justify an interfe- rance in the second appeal. I dismiss the appeal in its entirety. Munyera Judge. 18~3.88 I certfy that this is the true copy of the original. ,. I (1 I I MTW.i'Jii\.