adronicuas rwebugisa vs joyce elias 2007 tzhc 277 25 october 2007

adronicuas rwebugisa vs joyce elias 2007 tzhc 277 25 october 2007

The appellant pretended he would travel to Mwanza to buy materials for the respondent, received Shs. 50,000/=, but had no intention of fulfilling the agreement. This constituted cheating under section 304 of the Penal Code. The District Court's order for retrial was proper and is upheld.

Citation
adronicuas rwebugisa vs joyce elias 2007 tzhc 277 25 october 2007
Parties
Appellant: Adronicuas Rwebugisa; Respondent: Joyce Elias
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
25 October 2007
Procedural Posture
Criminal Appeal / Judgment on Second Appeal
Outcome
appeal dismissed
Legal Topics
Cheating, False Pretences, Retrial, Appeal Procedure
Source Language
English
Criminal Law Cheating False Pretences Retrial Appeal Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Adronicuas Rwebugisa

Appellant

Joyce Elias

Respondent

Procedural Posture

Criminal Appeal / Judgment on Second Appeal

Legal Issues

  1. 1 Whether the appellant obtained money by false pretences or committed the offence of cheating
  2. 2 Whether the order for retrial by the District Court was proper

Ratio Decidendi

The appellant pretended he would travel to Mwanza to buy materials for the respondent, received Shs. 50,000/=, but had no intention of fulfilling the agreement. This constituted cheating under section 304 of the Penal Code. The District Court's order for retrial was proper and is upheld.

Court Disposition

appeal dismissed

Orders

  • Order for retrial by District Court upheld
  • Case to proceed by way of retrial by District Court