The Respondent stood charged before the District Court of
Nyamagana, at Mwanza, in Mwanza Region with an offence of obtaining money by
false pretence contrary to section 302 of Penal Code [Cap 16 R.E. 2002]. He was
accused to have obtained Tshs. 11,000,000/= from Johari d/o Katwikilo
pretending to lease her a business apartment located in plot No. 202 Block âTâ
Lumumba Street, Mwanza City, the fact he knew was not true. After full trial,
the Respondent was found not guilty and consequently acquitted. The Appellant,
Republic was aggrieved by the decision, it appealed to this court.