The Appellant was charged with and convicted of murder in the High Court of Tanzania sitting at Moshi. He was sentenced to suffer death by hanging. Aggrieved by both conviction and sentence, he appealed to the Court of Appeal of Tanzania. It was argued on behalf of the Appellant that the trial judge did not properly sum up facts and law to the assessors. The Counsel for the Respondent/Republic conceded the anomaly and asked the Court to order retrial.