S v Forit Contracting (Pvt) Limited and Nhokwara (646 of 2021) [2021] ZWHHC 646 (11 October 2021)

S v Forit Contracting (Pvt) Limited and Nhokwara (646 of 2021) [2021] ZWHHC 646 (11 October 2021)

The court found that the essential elements of fraud, specifically misrepresentation and actual prejudice, were not proved. The admission of guilt form was attributable to the complainant, and there was no evidence the appellants knew it was disputed. The complainant's payment was not linked to a fraudulent act by the appellants.

Citation
[2021] ZWHHC 646
Parties
1st Appellant: FORIT CONTRACTING (PVT) LIMITED; 2nd Appellant: RICHARD NHOKWARA; Respondent: THE STATE
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
11 October 2021
Case Number
646 of 2021
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal allowed; conviction set aside; appellants acquitted.
Legal Topics
Fraud, Appeal, Misrepresentation, Conviction, Acquittal
Source Language
English
Criminal Law Fraud Appeal Misrepresentation Conviction Acquittal

Case Brief

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Parties

FORIT CONTRACTING (PVT) LIMITED

1st Appellant

RICHARD NHOKWARA

2nd Appellant

THE STATE

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the appellants committed fraud as defined in s 136 of the Criminal Law (Codification and Reform) Act
  2. 2 Whether the conviction was supported by evidence

Ratio Decidendi

The court found that the essential elements of fraud, specifically misrepresentation and actual prejudice, were not proved. The admission of guilt form was attributable to the complainant, and there was no evidence the appellants knew it was disputed. The complainant's payment was not linked to a fraudulent act by the appellants.

Court Disposition

Appeal allowed; conviction set aside; appellants acquitted.

Orders

  • The appeal against conviction succeeds.
  • The judgment of the court a quo is set aside and substituted with: 'The accused are found not guilty and acquitted.'