THE MATTER OF MAULIDI SWEDI alias MSWEZI KALIJO V. UNITED REPUBLIC OF TANZANIA APPLICATION No. 026/2017

Abstract

It emerges from the record that, on the night of 10 April 2004, the Applicant and two others, who are not parties before this Court, broke into a shop in the village of Nkuge, which is situated in the Nzega District in the Tabora Region. They allegedly stole cash and an assortment of goods from the shop at gun point and shot the owner during the robbery, injuring him slightly. The three robbers were arrested and convicted for the crime of armed robbery and sentenced to thirty (30) years imprisonment by the District Court of Nzega on 21 September 2005 (Criminal Case No. 62/2004). They then filed an appeal before the High Court in Tabora (Criminal Appeal Case No. 35, 36 and 37 of 2006), which ordered the transfer of the case to the Tabora Resident Magistrate’s Court for an appeal hearing by a Resident Magistrate with Extended Jurisdiction. On 11 June 2008, the Resident Magistrate’s Court with Extended Jurisdiction of Tabora (Criminal Appeal No. 42, 43 and 44 of 2006) dismissed their appeal. They filed a further appeal to the Court of Appeal sitting at Tabora (Criminal Appeal No. 185, 186 and 187 of 2008), which dismissed their appeal in its judgment of 29 June 2011.