N

N

Since the duplicate and original invoices matched and there was no evidence of excess fuel stolen, forgery was not proved and convictions on the first and fourth counts cannot be sustained.

Citation
N
Parties
Appellant: David Mshangila; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
13 February 1976
Procedural Posture
Criminal Appeal / Judgment
Outcome
convictions on first and fourth counts quashed
Legal Topics
Forgery, Uttering False Documents, Stealing by Servant, Evidence
Source Language
English
Criminal Law Forgery Uttering False Documents Stealing by Servant Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

David Mshangila

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the appellant committed forgery by altering invoices
  2. 2 Whether the appellant uttered false documents to the station manager
  3. 3 Whether the appellant stole money belonging to the Corporation

Ratio Decidendi

Since the duplicate and original invoices matched and there was no evidence of excess fuel stolen, forgery was not proved and convictions on the first and fourth counts cannot be sustained.

Court Disposition

convictions on first and fourth counts quashed

Orders

  • Convictions on first and fourth counts are not sustained and are set aside.