19831101 TZHC Arusha

0, h~ -,- . . IT THT HIGH COURT OF TANZANIA. AT A.PUSHA. HIGH COURT CRIMINAL AF2NL NO. 7b/78 ORIGINAL LTOSHI CRIMINAL CASE NO. 599/77 ) CHRISTIAN NATHANIEL & ANOTHER ........... .. PPELLANT VERSUS: THT REPUBLIC ...........................RESPON.DEN

J U D G N N N T J. D'EOUZA AG. J. This is a consolidated appeal. In Criminal Appea' 78/78 P. Msiska Esq. filed an appeal on behalf of the appellants Christian Nthanjel and Elikunda Haikael. Criminal Appeal 62/78. was filed by John Vicent Nguaa personally. On 26/11/79 Mr. F. Msiska wrote to this court in terms of S.318 C.P.C. informing this court that he did not wish to be present at the hearing. John Vicent Nguma in his petition of appeal indioates that he would like to be present at the hearing of the appeal 11Subject to your lordships approval" Several attempts have b.ee made to serve this appellant but without&orcsss and as he exrssed his desire to be presamt in qualified terms I see no reason to require his presen as his memorandum of appeal is very detailed. The evidence against the appellant's constituted mainly of their identification by the witnesses at the scene and later at an identification parade conducted by one Inspector Maganga. at the idëhtification parade The first appellant Christian Nathaniel was identified by the witness Anion Joseph and the s200nd appellant ( Elikunda Hekaeli) was identified by the witness Emanuel Masanu.. The third appellant John Vicent was identified by buth these witnesses. The evidence for the prosecution was solely one o f identification, but this court i s of the opinion that the identifi.atiori ws. watertight as the iitial identification at the scene was cnfirmed by a properly held identification parade. I accordingly dismiss bth these appeals in entirety. it,. J. C. D ouza AG. UJGE 1/11/83 Delivered this Lll. 83 in the absnce of all partes who are accordingly to be natfiedh District Regist.rr. J.C. D'Suza JCD/M. AG. 3 DGE 1/11/83 the