Tanzania Case Law

CRDB BANK PLC VS ZAWADI BAHENGE

Court

TANZLII

The High Court (Commercial Division) had jurisdiction as the dispute involved commercial significance under section 2 of the Magistrates' Courts Act. The trial court erred by failing to consider Exhibit DI, which established that the appellant had an unrestricted right to use the respondent's image. The respondent failed to prove her case on the balance of probabilities, and the award of general damages was unjustified in the absence of proof.

Source excerpt

• Jurisdiction
• Breach of contract
• Right to privacy
• Copyright
• General damages

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the registered trustees of seventh day adventist church of tanzania others vs barnabas thomas others s 2023 tzhc 23390 15 december 2023

Court

TZHC

The High Court quashed a Resident Magistrate Court judgment for lack of jurisdiction after finding the remitted civil case had to be dealt with by the District Court.

• Jurisdiction
• Copyright infringement
• Neighboring rights
• Church governance
• Civil-procedure
• Intellectual-property

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ivanna felix teri vs viettel tanzania public ltd company and set up company ltd as third party 2022 tzhc 903 7 march 2022

Court

TZHC

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.

Source excerpt

• Image rights
• Copyright
• Unjust enrichment
• Damages
• Electronic evidence

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celtel tanzania limited vs commissioner general tanzania revenue authority 2019 tzca 563 25 april 2019

Court

TZCA

Payments made by the appellant to foreign companies for the right to use computer software, where the copyright and ownership remain with the licensors, constitute royalty under Tanzanian tax law and are subject to withholding tax. The Tribunal did not err in its interpretation, and international commentaries or foreign case law are not applicable where domestic law is clear.

Source excerpt

• Withholding tax
• Royalty payments
• Software licensing
• Definition of royalty
• Copyright
• Patent

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tanzania audio visual distributors association others vs honourable attorney general others 2018 tzhc 2938 27 march 2018

Court

TZHC

The court found that neither Regulation 4(1) nor 23 of GN No. 244 of 2013 imposes compulsory membership with the 2nd respondent as a condition for obtaining certificates of approval or tax stamps. The petitioners failed to provide sufficient particulars or evidence to support their allegations of compulsory membership or infringement of constitutional rights. Therefore, there was no violation of the right to freedom of association or the right to work and remuneration.

Source excerpt

• Freedom of association
• Right to work
• Copyright
• Taxation of artistic works

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