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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ALBERT JACOB

Court

TANZLII

The trial court correctly denied leave to privately prosecute because civil remedies arising from the contract dispute had not been exhausted, as mandated by section 4(3) of the Criminal Procedure Act. The denial constituted a final order, not interlocutory, and the appeal was dismissed for lack of merit.

Source excerpt

• Private prosecution
• Exhaustion of remedies
• Contract disputes
• Forgery
• False pretence
• Tax offences

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KELVIN JOSEPH MOSHI VS REPUBLIC AND 6 OTHERS

Court

TANZLII

The prosecution proved beyond reasonable doubt that the appellant, acting with common intention and through false pretence, obtained goods from the complainant. Circumstantial evidence established the appellant's involvement, and the omission to properly admit receipts did not affect the conviction.

Source excerpt

• False pretence
• Common intention
• Circumstantial evidence
• Admissibility of evidence

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otmary gerold komba vs republic 2023 tzhc 22753 15 november 2023

Court

TZHC

The High Court allowed a criminal appeal, quashed the conviction, and set aside the sentence after finding the charge for obtaining money by false pretence was defective.

• Defective charge
• False pretence
• Elements of offence
• Criminal procedure
• Criminal-law
• Defective-charge

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Mussa Masunga v Sumbya mashauri Ruling

Court

TANZLII

The issues raised by the applicant do not qualify as points of law; the alleged introduction of a new offence was nonexistent and previously addressed by the appellate court.

Source excerpt

• Certification of point of law
• False pretence
• Theft
• Appeals from primary court

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rajabu said mwakwaya 2 others v republic 2023 tzhc 17681 5 june 2023

Court

TZHC

Chain of custody for exhibits was broken, identification of appellants was not properly established, and it was improper to charge conspiracy alongside substantive offence; conviction and sentence cannot stand.

Source excerpt

• Chain of custody
• Identification
• Conspiracy
• False pretence
• Standard of proof

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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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jovina damian james another vs republic 2022 tzca 656 27 october 2022

Court

TZCA

The trial court had jurisdiction despite citation error in DPP consent, procedural omissions did not occasion injustice and are curable, prosecution proved the case beyond reasonable doubt, and sentence for economic offence must comply with EOCCA minimum penalty.

Source excerpt

• Jurisdiction
• Forgery
• False pretence
• Tax evasion
• Occasioning loss
• Procedure

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mandera john and pendo mwita vs mahesi mwita 2022 tzhc 12314 31 august 2022

Court

TZHC

The High Court allowed a criminal appeal, finding cheating was not proved beyond reasonable doubt because the charge and evidence did not match and fraudulent trick was not shown.

• Cheating
• Burden of proof
• False pretence
• Group liability
• Forgery
• Evidence discrepancies

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CRIMINAL APPEAL NO 484 OF 2022 HAMIS ABDULAHAMANI MWESSA VS THE REPUBLIC

Court

TANZLII

The conviction was quashed because the evidence established that the appellant imported the motor vehicle as agreed, and the failure to deliver was due to auctioning for unpaid duties, not false pretence. The first appellate court prejudged the appellant and improperly enhanced the sentence based on extraneous matters, violating fair trial principles.

Source excerpt

• False pretence
• Sentencing
• Fair trial
• Appellate review

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