mary thomas charles vs joseph kasawa benson 2022 tzhc 14711 18 november 2022

mary thomas charles vs joseph kasawa benson 2022 tzhc 14711 18 november 2022

The respondent falsely represented himself as a pharmacist and induced the appellant to give him Tsh. 7,000,000 for a business partnership in medicine supply, which he failed to fulfill. The evidence, including credible oral testimony, proved beyond reasonable doubt that the respondent obtained the money by false pretence, constituting a criminal offence under section 302 of the Penal Code.

Citation
mary thomas charles vs joseph kasawa benson 2022 tzhc 14711 18 november 2022
Parties
Appellant: Mary Charles Thomas; Respondent: Joseph Kasawa Benson
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
18 November 2022
Procedural Posture
Criminal Appeal / Second Appeal (high Court)
Outcome
Appeal allowed
Legal Topics
False Pretence, Obtaining Goods by False Pretence, Burden of Proof, Credibility of Witnesses
Source Language
English
Criminal Law False Pretence Obtaining Goods by False Pretence Burden of Proof Credibility of Witnesses

Case Brief

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Parties

Mary Charles Thomas

Appellant

Joseph Kasawa Benson

Respondent

Procedural Posture

Criminal Appeal / Second Appeal (high Court)

Legal Issues

  1. 1 Whether the respondent obtained money by false pretence constituting a criminal offence under section 302 of the Penal Code
  2. 2 Whether the appellant proved her case beyond reasonable doubt
  3. 3 Whether the matter is civil or criminal in nature

Ratio Decidendi

The respondent falsely represented himself as a pharmacist and induced the appellant to give him Tsh. 7,000,000 for a business partnership in medicine supply, which he failed to fulfill. The evidence, including credible oral testimony, proved beyond reasonable doubt that the respondent obtained the money by false pretence, constituting a criminal offence under section 302 of the Penal Code.

Court Disposition

Appeal allowed

Orders

  • Decision of the first appellate court set aside
  • Conviction and sentence of the trial court restored