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Tanzania decisions
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The applicant failed to raise any point of law worthy of certification as required by section 5(2)(c) of the Appellate Jurisdiction Act. The matters raised were factual or argumentative and did not qualify as points of law.
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The High Court allowed a criminal appeal, quashing a conviction for obtaining money by false pretences and setting aside a seven-year sentence.
The High Court dismissed a criminal appeal against conviction for obtaining money by false pretences, holding the evidence was sufficient and defects were minor.
Second appeal in a criminal matter over obtaining goods by false pretences; the High Court quashed the conviction and compensation order for lack of proof beyond reasonable doubt.
The High Court allowed a prosecution appeal, holding that evidence in a false pretence case established a prima facie case and the accused should have been put on defence.
Conviction based solely on the co-accused's cautioned statement without independent corroborative evidence is illegal under Section 33(2) of the Evidence Act. The trial court erred by shifting the burden of proof to the defence. The prosecution failed to prove the charges beyond reasonable doubt.
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The conviction for obtaining money by false pretences was not supported by admissible evidence, as the statement under Section 34B was improperly admitted and the prosecution failed to prove deception or intent to defraud. The trial and appellate courts failed to consider the appellant's defence, resulting in a misdirection in law.
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The appellant received Tshs. 50,000 from the respondent under the pretense of buying goods but had no intention of fulfilling the agreement, constituting cheating under section 304 of the Penal Code. The District Court's order for retrial was correct.
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The appellant pretended he would travel to Mwanza to buy materials for the respondent, received Shs. 50,000/=, but had no intention of fulfilling the agreement. This constituted cheating under section 304 of the Penal Code. The District Court's order for retrial was proper and is upheld.
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The conviction was based on totally insufficient prosecution evidence, including contradictions in witness testimony, lack of proper identification, and absence of police investigation.
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