19700717 TZCA Dar es Salaam

19700717 TZCA Dar es Salaam

Appellant and co-accused falsely represented themselves as bona fide businessmen, induced traders to part with goods by worthless cheques, knowing there were insufficient funds; conviction and sentence are justified.

Citation
19700717 TZCA Dar es Salaam
Parties
Appellant: Mansur Suleman Premji; Co Accused (not Appellant): Firoz Suleman Fasel; Respondent: Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
17 July 1970
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Obtaining Goods by False Pretences, Fraud, Dishonoured Cheques
Source Language
English
Criminal Law Obtaining Goods by False Pretences Fraud Dishonoured Cheques

Case Brief

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Parties

Mansur Suleman Premji

Appellant

Firoz Suleman Fasel

Co Accused (not Appellant)

Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the appellant fraudulently obtained goods by false pretences
  2. 2 Whether the conviction and sentence were justified

Ratio Decidendi

Appellant and co-accused falsely represented themselves as bona fide businessmen, induced traders to part with goods by worthless cheques, knowing there were insufficient funds; conviction and sentence are justified.

Court Disposition

appeal dismissed

Orders

  • conviction and sentence of 18 months imprisonment upheld
  • no order for compensation due to recovery of goods, except for unrecovered soap and unresolved cheque proceeds, which may be addressed by civil action