The Court of Appeal was requested to exercise its revisional
powers in respect of Criminal Session Case No. 102 of 2002 which was pending in
the High Court of Tanzania, Mwanza in which the Applicant stood charged with
murder. The Applicant was challenging the admission of Exhibit P2, an extra
judicial statement which was not formally tendered as an exhibit despite
protest, simply because it was tendered during the Preliminary Inquiry which
was conducted by a subordinate court.