The three Appellants were convicted by the High Court of
Tanzania at Mwanza of the offence of murder. Aggrieved by that decision they
appealed to the Court of Appeal on grounds that there was no direct evidence
linking any of the Appellants with the commission of the offence, that the
prosecution relied on the evidence of the arrest of the 1st and the
3rd Appellants with some of the stolen property. The Appellants also
challenged the decision of the High Court on the ground that their conviction
was based on the confession of the 1st Appellant which though
retracted/repudiated was admitted by the trial court saying that it was
voluntary; such confession incriminated the 2nd and 3rd
Appellants. And also the statements of the Appellants which the learned trial
judge said implicated each other with the commission of the offence were relied
upon by the trial court. The Appellants also attacked the procedure in
recording the cautioned statement which was not recorded by a justice of peace;
although they raised this ground on appeal. Finally, the Appellants said that
at the trial the prosecution called PW4 the wife of the person where the stolen
property was recovered. PW4 was neither listed during the committal proceedings
nor during the preliminary hearing as being among the witnesses to be summoned.