19851202 TZCA Dar es Salaam

(,) .. lN THE COURT OF APP EAL OF TAN ZAN I.A AT MWANZ.4 CORAM: MUSTAFA, J.A.; IVillK.lll\lE, JtA. And KISllNG.ll 1 J± CRDlllfAL APPEAL HO. 56 OF 1984 BE•rWEEN LEONAtl~ SELESTINE. ~ •• o o APP~LIJlNT

VERSUS THE REPUBLIC. , ~ e o RESPONDENT (ilppeal from the Decision of the High Court of Tanzania at Mwanza) (Ivlunyera 1 J.) dated the 24th day of August, 1984 in Criminal .Appeal No. 76 of ~ 1984 JlIDGEIVlENT OF THE co~ MUSTAFA, J.A.: Th is is a second appeal. The appellant and 3 other per sons were charged with armed robbery. They were alleged to have broken into the house of p.w.1. Both P.W.l and p.w.3 who were in the house identified the appellant who was Accused 2 at the trial and another person Accused 1. They did not identify the other two persons. Both p.w.1 and p.w.3 had known the appellant and Accused 1 previously as they lived in the same village. The trial Court found that P.i-J.l and P.W.3 had properly identified the !'lppellant and l\c·cused 1, and found that the robbery took place as alleged. He convicted the appellant aPi ~caused las charged and sentenced them to 7 years impr isonmen 1¥ Both of them appealed to the High Court, and the ground of appeal was identification. The High Court confirmed the finding of the trial court and dismissed the appeals. Now only the appellant is appealing to this Court. He is again appealing on the question of ider.tification. In our view identific3tion is a question of fact and since both the courts below, on evidence adduced before them, have been satisfied ~ e l l a n t was ••...... /2. • -· 2 prop~I'ly identified, this c1ppeal is incompetent f\S no lc.tw is involved and is dismissed. ]1-iTTI'] at i.'JIW.t1N"Z .. , this 2nd dny of December, 1985. · \ l JUSTICE OP -.PPE'1IL -•4"~"ft" ,._ • ~- "'• '7' J""I'-. - t " .;we ...,. t o : : : : ' 7 ' - ~ ~ I certiiy that this i:'. u trne; copy of thG original. ~~ ( S. J. LJJ:.:.'N..:1) ngrU'l.1Y l:L'Ll i srm ATI. __ _,,,.,,._fo ... --111..~-~-'-"':::!o~~ ..,. .. ~ i I