It was alleged that on 19/2/2003 at 8.30 the Appellant broke
into the house of the complainant and stole items including one solar inverter
valued at Tshs. 150,000/=. The total of all stolen items was put at Tshs.
495,000/=. It was alleged that immediately after such stealing the Appellant
threatened the complainant with a gun in order to retain the properties.
Several days after the incident the complainant came across the solar inverter
being one of the stolen items. It was in the possession of one Jeremiah s/o
Meshack, who on being confronted named one Bakari Shabani (PW.2) to have sold
it to him. Bakari Shabani in turn admitted to have sold it to Meshack but named
the Appellant to be the one who sold it to him. The Appellant was charged and
convicted of the offence of Armed Robbery contrary to sections 285 and 286 of
the Penal Code, and sentenced to serve a 30 years’ imprisonment. On appeal, the
Appellant attacked the decision of the trial court on the application of the
doctrine of recent possession.