The High Court dismissed a civil appeal, upholding concurrent findings that the appellants jointly forced payment of Tshs. 2,000,000 and must refund it.
DLHT's declaration of respondent as lawful owner was reversed due to lack of strict proof of ownership; amendments to Government Proceedings Act do not apply retrospectively; appellant's evidence and government-issued documents proved ownership belonged to third respondent.
The High Court allowed a civil appeal, holding that the trial court lacked jurisdiction over a gaming-related dispute and that the matter was res judicata.
The plaintiff failed to prove an employment relationship with the defendants or that the defendants used his image for commercial purposes. The companies allegedly involved were not parties to the suit, and the evidence did not establish liability against the named defendants. The suit was dismissed for lack of merit.
The appeal was dismissed because the petition was a proper derivative action with statutory notice duly served and leave granted; the High Court was justified in granting consequential reliefs, including remission of shares and management, due to breach of the JVA and SPA and lack of consideration; general damages were justified based on the exclusion of minority shareholders and unjust enrichment; and the procedure of determining the petition by affidavits and written submissions was proper and caused no prejudice.
The court held that since the Plaintiff's claim for USD 1,001,250.00 arises from execution proceedings in Land Case No. 210 of 2015, Section 38(1) of the Civil Procedure Code bars institution of a new suit. Such matters must be determined by the executing court, not by a separate suit. The suit is therefore incompetent and must be struck out.
Plaintiff consented to use of his images for commercial purposes by Simba and its sponsors during the subsistence of his employment contract; defendant's use was within contractual rights and duration. No evidence of unauthorized use or damages after contract expiry was provided.
The appellant was bound by an implied contract to keep the respondent’s vehicle safely for a reasonable time. The respondent’s lack of follow-up did not constitute legal abandonment. The appellant’s sale of the vehicle was improper, and compensation must reflect the vehicle’s proven value. The trial court erred in finding negligence but was correct in awarding compensation, though the amount should be TZS 80,000,000, not TZS 25,000,000.
The plaintiff failed to prove on the balance of probabilities that the images used in the advertisement belonged to her or that she held copyright over them, and failed to establish the amount of damages claimed. The authenticity and source of the images were not substantiated, and the plaintiff did not provide original evidence or devices. Consequently, no infringement of rights or entitlement to damages was established.