Leonard Mnyaloje and Another vs Republic (Criminal Appeal No. 46 of 1984; Criminal Appeal No. 47 of 1984) [1991] TZHC 2809 (13 September 1991)
Judgment
IN THE HIGH COURT OP TW3I TDivIA CRIMINAL APPEAL 110.46 OP 1964 • C/F, I1 pp NO.47 OF 1984 FROM THE DECISION OF T1E DISTRICT COURT OPDODOMA AT DODOMA IN CRIMINAL APP NO.209 OP 1981. BEFORE D.H. LTJXIiD0 ........... DISThICT MAGISTRATE 1 ,LEONABD NNYAL0JE 2JALA KIBOHOLL I * . . APPELLANTS vass mr DTTT iILLJ LLUJ.U.L.J. . • o • • , • ó • o • • . .LU_,DLLIiV.J.JJJ. J. TI D G N E N T MINA L 3: The appellants whose appa1s are consoliacd wc -- jint1y convicted of robbery with violence, and they wore ton3d tc 'the statutory- riinimuxi of seven years r'Dr r:t In hi3 cidence, P 1 :1.2 Ndaa Mbea, said that on 15.41981 at about 11.00 a.ia he was grazing cattle when the appellants and other persons attacked him by assaulting him and later they blindfolded hin TC appellants drove away the cattle a n d learned.trial na'ietrate considered that matter and cane to a conclusion that the coralainant sufficiently- identified the appellant0 In the memoranda of appeal, the appellants allege that if they had been identified they would have been arrested on the spot. But there was clear evidence that they disappeared with the stolen cattle' after they and their companions assaulted and blindfolded him. They left him in the bush. The complainant 1ew the appellants and some of their companions. Like the Trial court, I am Satifted that 'th 11 nts were suffic;ttly dentified 0 They wa'e properly convicted and sentenced, The appeals are disL1issd. W J. r'ILINL JTTDG73 AT DODOMA 1 ep 1 )C". 192
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