rsa ltd vs hanspaul automechs ltd and another 2021 tzhccomd 3493 3 december 2021

Leave granted due to unsettled issues regarding jurisdiction and retrospective application of copyright law amendments, which constitute serious legal issues for determination by the Court of Appeal.

Citation: rsa ltd vs hanspaul automechs ltd and another 2021 tzhccomd 3493 3 december 2021
Parties: Applicant: RSA Limited; 1st Respondent: Hanspaul Automechs Limited; 2nd Respondent: Govinder Ajan Senthill Kumar
Court: TZHCCOMD
Jurisdiction: Tanzania
Judgment Date: 3 December 2021
Procedural Posture: Miscellaneous Commercial Application / Application for Leave to Appeal
Outcome: Leave granted to appeal to the Court of Appeal of Tanzania.
Legal Topics: Copyright Infringement, Jurisdiction, Leave to Appeal
Source Language: English

Intellectual Property Civil Procedure Copyright Infringement Jurisdiction Leave to Appeal

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Parties

RSA Limited

Applicant

Hanspaul Automechs Limited

1st Respondent

Govinder Ajan Senthill Kumar

2nd Respondent

Procedural Posture

Miscellaneous Commercial Application / Application for Leave to Appeal

Legal Issues

1 Jurisdiction of the High Court to determine copyright infringement
2 Applicability of amendments to the Copyright and Neighbouring Act, 2018 to cases filed before amendment

Ratio Decidendi

Leave granted due to unsettled issues regarding jurisdiction and retrospective application of copyright law amendments, which constitute serious legal issues for determination by the Court of Appeal.

Court Disposition

Leave granted to appeal to the Court of Appeal of Tanzania.

Orders

Leave granted to applicant to appeal to the Court of Appeal of Tanzania
Costs to follow the event in the intended appeal