جمهورية تنزانيا المتحدة

MIC Tanzania Limited v Hamisi Mwinyijuma and Ambwene Yesaya, Civil Appeal No. 112 of 2019, High Court of Tanzania at Dar es Salaam

De-Mello, J.

Date of Judgment: November 20, 2020

Facts

The Respondents, Hamisi Mwinyijuma and Ambwene Yesaya who are musicians filed a suit against the MIC Tanzania Limited, appellant, for copyright infringement in the District Court of Ilala in Civil Case No. 17 of 2012. The District Court had granted the respondents TZS 2,160,000,000/ (2.16 Billion) in special damages and an additional TZS 25,000,000/ for general damages. The appellant appealed to the High Court claiming the District Court lacked jurisdiction to hear the case since it was beyond its pecuniary jurisdiction and asked the High Court to nullify the District Court’s ruling and grant of damages.

Holdings

(i) Question of jurisdiction can be raised at any time, including on appeal.

(ii) Disputes of a commercial nature arising from the Copyright and Neighbouring Rights Act

(CAP 218 R.E. 2002) fall under the District Court’s and the High Court’s pecuniary (subject matter) jurisdiction.

Decision

The District Court lacked jurisdiction to decide the case because the damages estimated at over 4 billion are above its pecuniary jurisdiction.