The Appellant was charged of unlawful entering and presence in the United Republic of Tanzania by the District Court. He was convicted and sentenced to a fine of Tanzanian Shillings 80,000/- or two years’ jail term in default of payment of fine and 10 strokes of the cane. Dissatisfied with the decision of the District Court, appealed to the High Court. The High Court set aside the sentence of corporal punishment but affirmed the conviction. The High Court also issued a deportation order against the Appellant, convicted him of contempt of court and sentenced him to six months’ imprisonment without the option of fine. Aggrieved by the decision of the High Court the Appellant appealed to the Court of Appeal.