The respondent one, Hamisi Koni, was charged before the district of Mpanda with the offence of unlawful possession of government trophy.

Upon the accused being arraign before Mpanda district was committed for bail. While enjoying court bail, the accused absconded from appearing to the court.

The court ordered the case be heard yet the accused jumped bail. At last the court further ordered prosecution to prove their case still prosecution failed to bring witnesses. Tn 29/03/2007 when the case was fixed for hearing and upon prosecution fail to bring witnesses the court invoked section 226(1) of the Criminal Procedure Act, Cap. 20 and acquitted the respondent.

Hence the prosecution filed revision before High Court to challenge the decision of the district court in acquitting the respondent.

he High Court allowed the appeal and quashed the decision of the trial court.