The Appellant filed a charge of Criminal Trespass contrary to section 299 of the Penal Code, Cap 16 of the Laws against the Respondent herein and three others. At the close of the prosecution case only the Respondent herein was found with a case to answer. It was the Appellant’s case at the trial that in 1977 when he took his father to hospital he entrusted the Respondent to take care of his five (5) acres of land, instead, the Respondent trespassed into the same and started using it and allocating to others without his consent. At the end of the trial the court found that the charge had been proved beyond reasonable doubt against the Respondent, he was found guilty, convicted and sentenced to a fine of Tshs. 100,000/= or in default imprisonment of six (6) months. The Respondent paid the fine. Having been aggrieved by the trial court’s decision the Respondent herein successfully appealed against the same before the District Court. The District allowed the appeal. Dissatisfied the Appellant preferred the appeal to the High Court.