Lusajo Jamson Mwasambungu & Another vs Republic (Criminal Appeal No. 95 of 2021) [2023] TZCA 3 (30 January 2023)

In the appeal case of Lusajo Jamson Mwasambungu and Nsubi Jamson Mwasambungu vs The Republic, the appellants were charged under sections 384, 369(1) and (2), 342, and 302 of the Penal Code for conspiracy to commit an offence, personation, uttering a false document, and obtaining money by false pretence. The charges were related to allegations of using false documents to obtain money and the second appellant falsely representing herself as another person to secure credit. The appellants were also charged with obtaining money by false pretence contrary to section 302 of Penal Code for selling property, while knowing the plot does not belong to the second appellant.

The appeal court found the prosecution's evidence insufficient to sustain the conviction. The appellant's late involvement in the transaction and her testimony suggested she was unaware of its fraudulent nature. The court found the prosecution's reliance on a single witness, PW1, problematic due to contradictions in the testimony.

The court found no proof of intent to defraud, a necessary element to prove personation. The charge of uttering a false document was also not substantiated due to lack of a clear link between the appellant and the allegations. Doubts were raised about the appellant's role in the plot's sale and her knowledge of the document's falsity.

The charge of obtaining money by false pretence was not proven as the appellant denied receiving any money from PW1, and there was no confirmation of money exchange from the Advocate. PW1's testimony did not clearly identify the money recipient.

The court concluded that the prosecution's case was weak and did not warrant a retrial. The charges were deemed defective, and the prosecution failed to prove them. The appeal was allowed, the convictions quashed, and the sentences set aside. The appellant was ordered to be released from prison unless otherwise lawfully held.