Rex V. Aruna Lawani & Anor (1943)

LawGlobal Hub Judgment Report – West African Court of Appeal

Criminal Law—Obtaining money by false pretences contra. section 419 of Criminal Code—evidence of false pretence—onus upon prosecution.

Facts

The complainant, a Transport Agent, was introduced by the 2nd appellant to the 1st appellant who offered to sell to the complainant two motor tyres. A sum of £52 against an agreed price of £60 was paid to the 1st appellant. The 2nd appellant was present during this transaction and on the 1st appellant’s instructions brought two tyres into the room for examination by the complainant. They negotiated for the sale of further tyres. The 1st appellant refused to deliver the tyres and later denied receiving any money from the complainant. Both appellants were convicted,

Held

The evidence was not sufficiently ,cogent to disprove that in truth and in fact the 1st appellant had two tyres for sale.

Appeal allowed, convictions quashed.