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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MAGOTI v AG Judgment Final 09

Court

TANZLII

Most of the impugned provisions of the Personal Data Protection Act are constitutional as they do not violate the cited Articles of the Constitution; however, sections 22(3) and 23(3)(c) and (e) are vague and ambiguous, leading to legal uncertainty, and must be amended to provide clarity within one year, failing which they will be struck out.

Source excerpt

• Constitutionality of statutory provisions
• Right to privacy
• Data protection
• Statutory interpretation
• Limitations of fundamental rights

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multichoice t ltd vs alphonce felix simbu 2 others 2023 tzhccomd 363 13 october 2023

Court

TZHCCOMD

The District Court had jurisdiction to award general damages in a commercial tort claim where the subject matter is incapable of being estimated in monetary terms; the trial court properly evaluated the evidence and the respondents proved unauthorized commercial use of their images, constituting passing off and violation of privacy; however, the trial court erred in awarding pre-judgment interest on general damages and in setting post-judgment interest above the statutory limit.

Source excerpt

• Right to privacy
• Passing off
• Image rights
• Jurisdiction
• Damages
• Interest on damages

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CIVIL APPEAL NO

Court

TANZLII

Both appeals lack merit as all four conditions for breach of personality rights were proven; the award of TZS 20,000,000 as general damages is reasonable and stands undisturbed.

Source excerpt

• Misappropriation of personality
• Right to privacy
• General damages
• Consent for image use

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TANZANIA PORTLAND CEMENT LIMITED V

Court

TANZLII

The appellant used the respondents' images in posters and diaries without their consent, amounting to misappropriation of personality and infringement of privacy rights. The use was public and not limited to internal sensitization. Consent was not proven. The respondents are entitled to general damages for the violation of their rights, but only those who testified are entitled to relief. The quantum of damages awarded at trial was inadequate and increased on appeal.

Source excerpt

• Misappropriation of personality
• Right to privacy
• Image rights
• General damages
• Consent for use of image

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MKUDE JDGT NEW

Court

TANZLII

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.

Source excerpt

• Image rights
• Right to privacy
• Commercial endorsement
• Contractual consent
• Damages
• Unjust enrichment

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joseph osmund mbilinyi another vs commissioner general tanzania prison service another 2022 tzhc 15340 19 december 2022

Court

TZHC

Compulsory HIV testing and disclosure of results to third parties in prisons is unconstitutional as it lacks legal backing and violates rights to dignity and privacy under Articles 12(2) and 16(1) of the Constitution. All other complaints regarding prison conditions, punishments, and procedures are either consistent with existing law, lack sufficient evidence, or do not raise constitutional questions, and are therefore dismissed.

Source excerpt

• Prisoners' rights
• Mandatory hiv testing
• Solitary confinement
• Corporal punishment
• Due process
• Right to dignity

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fory v republic of cote divoire application for review 0012022 2022 afchpr 47 1 december 2022

Court

TANZLII

The African Court held that the review application raised no new facts or evidence and declared it inadmissible, while confirming its personal jurisdiction.

• Right to fair trial
• Right to property
• Right to work
• Right to remuneration
• Right to liberty and security
• Right to dignity

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CIVIL CASE NO

Court

TANZLII

Defendant used plaintiff's images without authority for exploitative commercial purposes, violating his privacy and causing inconvenience and potential disciplinary action; plaintiff entitled to damages.

Source excerpt

• Unauthorized use of image
• Right to privacy
• Damages
• Misrepresentation

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noudehouenou c republique du benin requete n 0282020 2021 afchpr 51 29 mars 2021

Court

TANZLII

The applicant failed to provide evidence of a real and imminent risk of prosecution or irreparable harm resulting from Article 410 of the Benin Penal Code. The Court cannot authorize violations of national law regarding recording without consent. The conditions for provisional measures are not met.

Source excerpt

• Provisional measures
• Freedom of expression
• Judicial independence
• Right to fair trial
• Right to remedy
• Non-discrimination

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