Tanzania Case Law

Criminal Appeal No

Court

TANZLII

The prosecution failed to prove the existence of an agency relationship, which is essential for the offence of stealing by agent under section 273(b) of the Penal Code. However, the evidence established all elements of theft and demonstrated that the appellant obtained the goods by false pretence with intent to defraud, supporting a conviction for the minor and cognate offence of obtaining goods by false pretence under section 302 of the Penal Code.

Source excerpt

• Stealing by agent
• Obtaining goods by false pretence
• Elements of theft
• Agency relationship
• Minor and cognate offences
• Substitution of charges

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CRIMINAL APPPEAL CASE NO 95 of 2023RAMADHANI NEWNEWNEW

Court

TANZLII

The procedural errors in the trial court, including failure to cite sentencing provisions and lack of evidence evaluation, did not justify a retrial as there was insufficient evidence that a different outcome would result. Quashing the conviction and setting aside the sentence was necessary to serve the interests of justice.

Source excerpt

• Impersonation
• Obtaining goods by false pretence
• Procedural irregularities
• Retrial
• Quashing conviction

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

Court

TZHC

The High Court allowed a second criminal appeal, holding that the respondent obtained Tsh 7,000,000 by false pretence after posing as a Bugando pharmacist.

• False pretence
• Obtaining goods by false pretence
• Burden of proof
• Credibility of witnesses
• False-pretence
• Obtaining-goods-by-false-pretence

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lenatus mageko mageko vs samwel george 2021 tzhc 2203 25 february 2021

Court

TZHC

The appellant's delay was technical and not due to negligence; as a layperson, he took steps to pursue his right of appeal. In the interest of justice and given the constitutional right to appeal, extension of time should be granted.

Source excerpt

• Extension of time
• Appeal procedure
• Obtaining goods by false pretence

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deogratius so benedict komba and three others vs republic 2020 tzhc 4562 3 december 2020

Court

TZHC

The High Court dismissed a criminal revision against a subordinate court's prima facie ruling, holding that revision does not lie against an interlocutory order.

• Revision of interlocutory orders
• Prima facie case
• Obtaining goods by false pretence
• Citation of law editions
• Criminal-revision
• Interlocutory-orders

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mtwiu daudi hassan and another vs republic 2020 tzhc 868 29 may 2020

Court

TZHC

The High Court dismissed a criminal appeal, upholding convictions for obtaining goods by false pretence after finding the evidence, including caution statements, proved the case beyond reasonable doubt.

• Obtaining goods by false pretence
• Stealing by agent
• Standard of proof
• Identification evidence
• Criminal-appeal
• Obtaining-goods-by-false-pretence

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juma kasema nhumbu vs republic 2020 tzca 198 5 may 2020

Court

TZCA

Second appeal against convictions for obtaining goods by false pretence and rape dismissed; the Court found no contradictions in the evidence and no basis to disturb concurrent findings.

• Rape
• Obtaining goods by false pretence
• Illegal practice
• Personation
• Appellate procedure
• Criminal-appeal

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hassan moris shifta vs republic 2018 tzhc 2925 28 june 2018

Court

TZHC

The High Court allowed a criminal appeal, holding that the conviction rested on a defective charge and improperly admitted cautioned statement.

• Defective charge
• Variance between charge and evidence
• Admissibility of cautioned statement
• Stealing goods on transit
• Obtaining goods by false pretence
• Defective-charge

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