The appellant was found in the district of Songea to be in possession of 14 elephant tusks without a valid license following a hint provided by an informer that the appellant was going to transport the tusks.

He was arrested and confessed to the charges. He was then tried and sentenced to 20 years imprisonment.

The appellant appealed against the decision of the trial court to the high court which summarily rejected the appeal. Being aggrieved by that decision he appealed to the Court of appeal on the following grounds: (1) the police officers searched the motor vehicle without search warrant and no receipt was issued and signed as mandated by section 38 (1) and (3) of the Criminal Procedure Act, Cap 20 R.E. 2002 and (2) the evidence of PW1, PW2 and PW4, who were police officers, should have not been relied upon as they came from one office.

The Court of Appeal dismissed the appeal.