(CORAM: RAMADHANI, C.J.; MUNUO, IA; And MJASIRI, J.A.1
CRIMINAL APPEAL NO. 241 OF 2008

BETWEEN

SAID ALLY ISMAIL...                             APPELLANT

AND

THE REPUBLIC...                                   RESPONDENT

(Kinemela, PRM (Ext. Jur.)1

in
Criminal Appeal No. 15 of 2006 

JUDGMENT OF THE COURT

19 & 27 November, 2009
RAMADHANI, C. J.: 
The appellant, Said Ally Ismail, and Shabani Nchingwalu Hassan, who was the second accused person (hereinafter referred to as Shabani), faced a charge of armed robbery c/s 285 and 286, of The Penal Code, [Cap 16 of R. E. 2002]. The appellant was convicted and sentenced to imprisonment for thirty years while Shabani was acquitted. The appellant unsuccessfully appealed before KINEMELA, PRM Ext. Jur. This is an appeal from that refusal in which the appellant was in person while the respondent/Republic was represented by Ms. Evetta Mushi, learned State Attorney.

At about 2330 hours on 13/01/2004 the shop of Hanafi Swalehe (PW 4), at Chiwindi Village, Newala, was invaded by about nine armed people who 

I doubt this mode of identification as is not reliable because
it was at night and that Mr. Hanafi (PW 4) was not under settled mind after the shots fired directly to his door followed with assault by a panga on the head.
We can safely make a finding that the appellant was not satisfactorily identified by PW 4 at the scene of crime that fateful night.

DATED in MTWARA, this 27th day of November, 2009.

A. S. L. RAMADHANI 
CHIEF JUSTICE 

E. N. MUNUO
JUSTICE OF APPEAL

S. MJASIRI
JUSTICE OF APPEAL

I certify that this is a true copy of the original.
(KITUSI)
SENIOR DEPUTY REGISTRAR