The Appellants were convicted by the District Court of Babati District (“the trial court”) of breaking into a building and committing an offence therein (1st count) and stealing (2nd count). On the 1st count they were sentenced to five (5) years’ imprisonment, while they received a prison sentence of seven (7) years on the 2nd count. Aggrieved by the convictions and sentences, they preferred an appeal to the High Court at Arusha. The learned judge dismissed outright the third and fourth grounds of appeal. The Court was satisfied that the fourth ground of appeal was rightly rejected. However, that could not be said of the third ground of appeal. The Appellants argued that the trial court had erred in law by partly predicating their convictions on the evidence of an adult witness, whose evidence was received without an oath/affirmation being administered to her.

