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Tanzania decisions
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The High Court dismissed a civil appeal over alleged unauthorized use of a photograph in commercial advertising, holding the appellant failed to prove the claim.
The District Court failed to exercise its discretion judiciously by not adequately considering the appellant's circumstances and by improperly requiring disclosure of the deceased's disease, which infringed privacy rights. The appellant's reasons constituted sufficient cause for extension of time.
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The appellant failed to demonstrate good cause or diligence for departure from the scheduling order to issue a third party notice. The trial magistrate properly evaluated the evidence and found no credible proof of respondent's consent to use her image. The award of general damages was justified by the harm suffered, but awarding both punitive and exemplary damages for the same misconduct was improper as they serve the same purpose. The punitive damages award was quashed, but other orders were upheld.
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Trespass was established by unauthorized taking and commercial use of respondent's property images; proprietary rights were infringed but privacy was not invaded as the property was publicly visible. Damages were justified but reduced due to lack of evidence of matrimonial or vacation disruption.
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The EACJ partly allowed a challenge to Tanzania’s Political Parties (Amendment) Act 2019, striking down several provisions for violating Treaty principles.
The Court of Appeal quashed a defamation judgment because the High Court failed to frame and determine the pleaded issue of consent to publication.
The High Court declined to compel a mother to disclose the identity of her adult children’s father, holding mandamus inapplicable and privacy protected.
The High Court dismissed a preliminary objection, holding that telecom complaint procedures did not oust its jurisdiction over alleged breach of secrecy and privacy.
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