Hamisi Mwinyijuma and Ambwene Yesaya v TIGO Company Ltd., Civil Case No. 38 of 2011, High Court of Tanzania at Dar es Salaam
Hamisi Mwinyijuma and Ambwene Yesaya v TIGO Company Ltd, Civil Case No. 38 of 2011, High Court of Tanzania at Dar es Salaam
Mwaikugile, J
Date of Judgment: September 23, 2021
Facts
The plaintiffs, two musicians, filed a lawsuit against the defendant for copyright infringement of their musical work (ringtones). The plaintiffs sought injunctive relief, special damages, and attorneys’ fees. The defendant raised a preliminary objection challenging the jurisdiction of the High Court.
Holding
District Courts have jurisdiction to hear disputes arising out of the Copyright and Neighbouring Rights Act (Cap. R.E. 2002)
Decision
The Copyright and Neighbouring Rights Act specifically provided that the District Court has original jurisdiction (Section 37(1) of Cap. 218 R.E. 2002)). The case was dismissed for lack of jurisdiction.