19901112 TZHC Dar es Salaam

CMC did not receive consideration for the vehicle; therefore, restitution should be made to CMC, and the appellant's remedy lies against East Africa Sailing Safari, not CMC.

Citation: 19901112 TZHC Dar es Salaam
Parties: Appellant: Seleman Saliko; Respondent: Republic
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 12 November 1990
Procedural Posture: Criminal Appeal / Judgment
Outcome: appeal dismissed
Legal Topics: False Documents, Utterance of False Documents, Obtaining Goods by False Pretences, Restitution of Property
Source Language: English

Criminal Law False Documents Utterance of False Documents Obtaining Goods by False Pretences Restitution of Property

Case Brief

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Parties

Seleman Saliko

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

1 Whether the appellant is entitled to restitution of the Land-Rover vehicle from Cooper Motor Corporation
2 Whether Cooper Motor Corporation received consideration for the vehicle

Ratio Decidendi

CMC did not receive consideration for the vehicle; therefore, restitution should be made to CMC, and the appellant's remedy lies against East Africa Sailing Safari, not CMC.

Court Disposition

appeal dismissed

Orders

Exhibit P6 Land Rover Tze98799 station wagon to be restored to CMC with all necessary and relevant documents, including registration card, forthwith.