22 November 2020, which is the day on which the withdrawal took effect,
being a period one (1) year after its deposit.2
II.
SUBJECT OF THE APPLICATION
A. Facts of the matter
3.
It emerges from the file that on the night of 31 August 2003 at Bisheshe
Village, Karagwe District, the Applicant and four others stormed the
residence of his neighbour Clemence Mbasa, tied him up and gagged his
wife when she tried to raise an alarm. They forced them to give them money
from coffee proceeds which they had recently sold. Thereafter, upon
realising that Mr. Mbasa had recognised them, the Applicant killed him by
driving a sword through his mouth and dragged him across the room to
ensure that he was dead.
4.
The gang then turned their attention toward the deceased’s wife, demanding
for more money from the coffee proceeds. They cut her abdomen and
shoulders with a matchet and tied a rope around her neck. She directed
them to the kitchen, where they found the rest of the money. She pretended
to be dead as they battered her., after which the gang fled the crime scene.
Thereafter, the deceased’s wife ran outside and raised an alarm, thereby
attracting neighbours to come to her rescue. The Applicant was arrested on
the same day and subsequently jointly charged with his brother Evaristo
Lazaro with the offence of murder. Both brothers pleaded not guilty. The
third suspect, Ezra Felix was also arrested but was not charged. The police
failed to trace the fourth and fifth suspects.
5.
On 10 November 2004, the Applicant and the other accused persons were
arraigned before the High Court of Tanzania at Karagwe for plea taking. The
trial commenced at the High Court of Bukoba on 22 July 2010 and following
2
Andrew Ambrose Cheusi v. United Republic of Tanzania (judgment) (26 June 2020) 4 AfCLR 219,
§ 38.
3