19881207 TZCA Dar es Salaam4 1
The convictions for conspiracy to defraud and theft were proper because the owner's pretended consent, given to facilitate arrest, did not amount to true consent; thus, the elements of theft were satisfied.
Source-derived case information.
- Citation
- 19881207 TZCA Dar es Salaam4 1
- Parties
- Appellant: Yusufu Kulaba; Appellant: Erick Mpembwe; Appellant: Sylvester Machibula; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 7 December 1988
- Procedural Posture
- Criminal Appeal / Second Appeal
- Outcome
- appeal dismissed
- Legal Topics
- Conspiracy to Defraud, Theft, Consent in Theft, Appeals Procedure
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Yusufu Kulaba
Appellant
Erick Mpembwe
Appellant
Sylvester Machibula
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Second Appeal
Legal Issues
- 1 Whether the offence of theft was disclosed given the bank's cooperation with police
- 2 Whether pretended consent by the owner negates theft
Ratio Decidendi
The convictions for conspiracy to defraud and theft were proper because the owner's pretended consent, given to facilitate arrest, did not amount to true consent; thus, the elements of theft were satisfied.
Court Disposition
appeal dismissed
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