The Appellant was one of the four accused persons who were charged before the District Court of Ngara at Ngara with two counts; burglary contrary to section 294 (1) of the Penal Code and stealing contrary to section 265 of the same Code. All of them were convicted and sentenced to ten (10) years’ imprisonment each in respect of the first count and a further term of five (5) years’ imprisonment each in respect of the second count. The sentences were ordered to run concurrently. Aggrieved, they appealed to the High Court at Bukoba. The first appellate court allowed the appeals of the other accused but disallowed that of the Appellant. Undeterred, he appealed to this Court. The appeal revolved around the doctrine of recent possession.

