Tanzania Case Law

ELIUD ALEX 2025

Court

TANZLII

The court found that the transaction involved deliberate misrepresentation and deception by the appellant, who solicited and received funds for a vehicle that had already been sold to another party. The prosecution established all elements of obtaining money by false pretence, and the defence failed to raise reasonable doubt. The matter was criminal, not civil, in nature.

Source excerpt

• False pretence
• Obtaining money by false pretence
• Burden of proof
• Evaluation of evidence
• Distinction between civil and criminal liability

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68

Court

TANZLII

The dispute was purely civil in nature and not criminal; the trial court lacked jurisdiction to entertain the matter as a criminal case without exhaustion of civil remedies, rendering the conviction and sentence invalid.

Source excerpt

• Obtaining money by false pretence
• Jurisdiction
• Distinction between civil and criminal liability
• Exhaustion of remedies

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mwichande hajimndima versus republic 2023 tzhc 23415 14 december 2023

Court

TZHC

The High Court allowed a criminal appeal after finding that a key exhibit was not read in court, then expunged it and held the remaining evidence insufficient.

• Obtaining money by false pretence
• Defective charge sheet
• Admissibility of evidence
• Standard of proof
• Procedural irregularity
• Criminal-law

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emmanuel biengo vs seif kaduguda 2023 tzhc 20921 14 august 2023

Court

TZHC

The High Court dismissed a second criminal appeal, holding that false pretence was not proved and the dispute was contractual, not criminal.

• Obtaining money by false pretence
• Burden of proof
• Contractual disputes
• Jurisdiction
• Obtaining-money-by-false-pretence
• Criminal-appeal

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monica paulo chiza v republic 2023 tzhc 20429 9 august 2023

Court

TZHC

The appellant, as co-owner, knowingly made false representations regarding the ownership and encumbrance status of the house, inducing the victim to purchase it. The evidence established beyond reasonable doubt that the appellant and her husband jointly misrepresented facts and obtained money by false pretence. The conviction was upheld, but the sentence was altered due to the appellant's circumstances.

Source excerpt

• Obtaining money by false pretence
• False representation
• Fraud
• Sentencing
• Compensation

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Alex Nangale

Court

TANZLII

The conviction was quashed because the prosecution failed to prove the case beyond reasonable doubt, primarily due to the inadmissibility of electronic evidence (exhibit P.6) for non-compliance with statutory requirements, and the trial court's failure to consider the defence evidence and provide adequate reasoning in its judgment.

Source excerpt

• Impersonation
• Obtaining money by false pretence
• Admissibility of electronic evidence
• Standard of proof
• Evaluation of evidence

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lusajo jamson mwasambungu another vs republic 2023 tzca 3 30 january 2023

Court

TZCA

The Court of Appeal allowed a criminal appeal, finding the charge defective for duplicity and holding the evidence insufficient to prove personation, uttering, or obtaining by false pretence.

• Defective charge
• Duplicity in charges
• Personation
• Uttering false documents
• Obtaining money by false pretence
• Conspiracy

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Saimon Mapunda Jumbe vs Republic DC Criminal Appeal No 154 of 2023

Court

TANZLII

The prosecution adduced strong and corroborated evidence, including witness testimony and documentary exhibits, proving beyond reasonable doubt that the appellant personated a public officer and obtained money by false pretence. The trial court followed proper procedures, and the appellant's defence was duly considered. There were no material procedural irregularities affecting the conviction or sentence.

Source excerpt

• Personation of public officer
• Obtaining money by false pretence
• Criminal procedure
• Appeals

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ELIAS MATHIAS SIMBILA V

Court

TANZLII

The prosecution proved beyond reasonable doubt that the appellant sold land he did not own, and the appellant failed to provide any evidence or witnesses to support his claim of ownership. The trial court properly considered the defense, and the appellant's rights were not violated. The conviction and sentence were justified.

Source excerpt

• Obtaining money by false pretence
• Burden of proof
• Right to be heard
• Admissibility of evidence

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gaudence sangu vs republic 2022 tzca 784 7 december 2022

Court

TZCA

The Court of Appeal of Tanzania dismissed a criminal appeal, holding that although the High Court failed to re-evaluate defence evidence, the convictions were still supported by the record.

• Fraudulent appropriation of power
• Malicious damage to property
• Personation of public officer
• Obtaining money by false pretence
• Appellate review
• Evidence analysis

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