20071025 TZHC Bukoba

20071025 TZHC Bukoba

The appellant received Tshs. 50,000 from the respondent under the pretense of buying goods but had no intention of fulfilling the agreement, constituting cheating under section 304 of the Penal Code. The District Court's order for retrial was correct.

Citation
20071025 TZHC Bukoba
Parties
Appellant: Adronicuas Rwebugisa; Respondent: Joyce Elias
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
25 October 2007
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Cheating, False Pretences, Retrial, Criminal Procedure
Source Language
English
Criminal Law Cheating False Pretences Retrial Criminal Procedure

Case Brief

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Parties

Adronicuas Rwebugisa

Appellant

Joyce Elias

Respondent

Procedural Posture

Criminal Appeal / Judgment on 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 received Tshs. 50,000 from the respondent under the pretense of buying goods but had no intention of fulfilling the agreement, constituting cheating under section 304 of the Penal Code. The District Court's order for retrial was correct.

Court Disposition

appeal dismissed

Orders

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