November 2020, which is the day on which the withdrawal took effect, being
a period of one year after its deposit.2
II.
SUBJECT OF THE APPLICATION
A. Facts of the matter
3.
It emerges from the record that, on the night of 10 April 2004, the Applicant
and two others, who are not parties before this Court, broke into a shop in
the village of Nkuge, which is situated in the Nzega District in the Tabora
Region. They allegedly stole cash and an assortment of goods from the
shop at gun point and shot the owner during the robbery, injuring him
slightly.
4.
The three robbers were arrested and convicted for the crime of armed
robbery and sentenced to thirty (30) years imprisonment by the District
Court of Nzega on 21 September 2005 (Criminal Case No. 62/2004).
5.
They then filed an appeal before the High Court in Tabora (Criminal Appeal
Case No. 35, 36 and 37 of 2006), which ordered the transfer of the case to
the Tabora Resident Magistrate’s Court for an appeal hearing by a Resident
Magistrate with Extended Jurisdiction. On 11 June 2008, the Resident
Magistrate’s Court with Extended Jurisdiction of Tabora (Criminal Appeal
No. 42, 43 and 44 of 2006) dismissed their appeal.
6.
They filed a further appeal to the Court of Appeal sitting at Tabora (Criminal
Appeal No. 185, 186 and 187 of 2008), which dismissed their appeal in its
judgment of 29 June 2011.
2
Andrew Ambrose Cheusi v. United Republic of Tanzania (judgment) (26 June 2020) 4 AfCLR 219, §
38.
3