Fraud and false pretences

Sierra Leone — Court of Appeal · 2014

Principle established: In criminal cases involving the handling of project funds, the prosecution must establish the specific legal obligation of the accused to deal with the property in a particular manner.

Sierra Leone — Court of Appeal · 1961

Principle established: A trial judge summing up to assessors does not usurp their function or misdirect them where he accurately summarizes the evidence and fairly presents the defence.

Sierra Leone — African Law Reports · 1964-66

Principle established: A storekeeper who receives his employer's goods into the store and subsequently removes them animo furandi commits larceny by a servant rather than embezzlement.

Ghana · 2026

Principle established: A judgment obtained through fraud or deceit is not entitled to legal respect and may be set aside, as fraud vitiates all judicial proceedings.

Zimbabwe · 2026

Principle established: A court must exercise judicious discretion when determining bail, providing a full analysis of the grounds for refusal rather than merely reciting the law and parties' submissions.

Uganda · 2024

Principle established: A registered proprietor may recover land where the title was transferred through fraud, even if the land was subsequently sold to a third party.

Zimbabwe · 2024

Principle established: A public official may be convicted of theft of trust property if they misappropriated assets entrusted to them in their official capacity.

Sierra Leone — Supreme Court · 1983

Principle established: To convict a person of fraudulent conversion, the prosecution must prove a fraudulent and dishonest intent, which may be inferred from the natural and probable consequences of the accused person's acts.

Sierra Leone — Court of Appeal · 1978

Principle established: A conviction for obtaining money by false pretences cannot be sustained where there is insufficient evidence to prove the falsity of the pretence made.

Zimbabwe · 2026

Principle established: A conviction for fraud will be upheld where the evidence establishes that the accused made a misrepresentation with the intent to defraud, resulting in prejudice.

Zimbabwe · 2026

Principle established: Fraud is committed when a person makes a false representation with the intent to deceive, causing another person to act to their prejudice.

Sierra Leone — Supreme Court · 1963

Principle established: A charge of forgery and uttering cannot succeed without sufficient direct or circumstantial evidence establishing that the disputed document was indeed forged.

Sierra Leone — Court of Appeal · 1963

Principle established: A conviction for obtaining by false pretences requires satisfactory proof that the victims were actually influenced by the alleged false representations.

Sierra Leone — Supreme Court · 1963

Principle established: A charge of forgery and uttering cannot succeed without sufficient direct or circumstantial evidence establishing that the disputed document was indeed forged.

Zimbabwe · 2022

Principle established: Theft of trust property occurs when a person unlawfully converts goods or money held on behalf of another to their own use in violation of a trust agreement.