The Commercial Case Law Index is a collection of judgments from African countries on topics relating to commercial legal practice. The collection aims to provide a snapshot of commercial legal practice in a country, rather than present solely traditionally "reportable" cases. The index currently covers 400 judgments from Uganda, Tanzania, Nigeria, Ghana and South Africa.
Get started on finding judgments that are relevant to you by browsing the topic list on the left of the screen. Click the arrows next to the topic names to reveal a detailed list of sub-topics. Most judgments are accompanied by a short summary written by subject-matter expert postgraduate students from the University of Cape Town.
The appellant was charged and found guilty of obtaining money under false pretenses; he then brought an appeal against the ruling of the High Court before the appellate court.
The court was faced with two issues, the first being whether the High Court was justified in convicting the appellant on allegations of misrepresentation not covered in the charge. The second issue was whether the high court was correct to convict the appellant for misrepresentation and seize his property.
The court held that the High Court was justified in convicting the appellant and that the allegations of misrepresentation were covered in the charge. The court further held that the High Court made no error in seizing the appellant’s property following the conviction.
By evaluating witness testimonies and the evidence led in the High Court, the court stated that the appellant had indeed misrepresented himself to the witnesses so they could part with monies and invests with the appellant. The court was of the view that sufficient evidence was led in the High Court which justified the conviction of the appellant. Regarding the seizure of property, the court stated that the High Court exercised its inherent powers to make an order of forfeiture since the appellant bought and used the property to carry out his illegal operations for which he was convicted.
The appeal was unsuccessful and the judgement of the High Court (conviction and sentence) was upheld.
The two accused persons stand indicted for embezzlement an offence contrary to section 268 (b) and (g) of the Penal Code Act on Count 1, making false entries in a document an offence contrary to section 323 (b) (ii) of the Penal Code Act, on counts 2, and 3, uttering a false document an offence contrary to section 351 of the Penal Code Act on counts 4 to 25 inclusive.
The accused was indicted on two counts of Corruption by a Public Officer an offence under section 2(a) and 6(1) of the Prevention of Corruption Act 1970.