The Complainant, a resident of Manokwe village in Lindi, travelled to another village on a bicycle. On his way back, he retired for a drink at one pub at Izaki village. As he narrated, the Appellant was one of the persons who he drank with. Having quenched his thirst, he resumed his journey at about 7.30 pm. Shortly, he was stopped by two persons one who gave him a violent poke on his head, which brought him down. The assailants made away with his bicycle. He reported the crime although he could not describe the identity of the assailants immediately. The Appellant was subsequently arrested and taken to a Police station where the Complainant was called to identify him.
The Appellant was charged with and convicted of robbery with violence and consequently sentenced to a 15-year term of imprisonment by a Primary Court. His appeal to the District Court was dismissed. He further appealed to the High Court complaining that his identification was done under unfavourable conditions. The High Court also considered whether the two courts below it did not misdirect or misapprehend the facts which were established in evidence.