MwanaFA, AY win copyright appeal in Sh2.1 Billion Tigo payout case

Dar es Salaam. The Court of Appeal has reinstated a landmark ruling that awarded Bongo Flava artists Hamisi Mwinjuma, popularly known as MwanaFA, and Ambwene Yesaya (AY) over Sh2.1 billion in a copyright infringement case against mobile operator Tigo, now Honora Tanzania.

The appellate court on Thursday August 7, quashed a High Court judgment that had nullified the Ilala District Court’s earlier decision in favour of the two artistes.

The three-judge panel—Justices Gerald Ndika (presiding), Panterine Kente, and Latifa Mansour—ordered the High Court to re-hear the appeal filed by Tigo, addressing the remaining grounds that had not been considered.

The Court of Appeal ruled that the District Court had legal jurisdiction to handle copyright infringement cases under Tanzania’s Copyright and Neighbouring Rights Act. This was one of the key grounds raised in the appeal by the artists.

“We find that a specific written law provides District Courts with original and exclusive jurisdiction to preside over copyright matters,” the judgment reads in part. “General jurisdiction laws cannot override that mandate.”

On that basis, the appellate judges allowed the artists’ appeal and overturned the High Court’s decision in Civil Appeal No. 112 of 2019.

The court further directed the High Court to proceed with evaluating the 10 other grounds of appeal Tigo had raised—issues that Judge Joaquine De-Mello had not considered after ruling that the district court lacked jurisdiction.

Tigo has also been ordered to cover the legal costs of the appeal.

Case dating back to 2012

The long-running legal battle began in 2012 when MwanaFA and AY sued MIC Tanzania Limited (then trading as Tigo) for allegedly using their songs Usije Mjini and Dakika Moja as commercial caller tunes without permission.

In their suit, the artists claimed the mobile operator violated their intellectual property rights by using their work for commercial gain without consent, contrary to copyright law.

Both songs had been registered with the Copyright Society of Tanzania (COSOTA) since September 2010.

They asked the court for an injunction against further use of the songs and sought Sh4.37 billion in compensation—Sh4.32 billion in special damages and Sh50 million in general damages—plus 20 percent interest.

Tigo argued in its defence that it had received the songs from Cellulant Tanzania Limited, a content provider contracted to supply such services, and that it was Cellulant’s responsibility to compensate the artists.

Artists win, accounts frozen

In April 2016, the Ilala District Court ruled in favour of MwanaFA and AY, awarding them Sh2.1 billion in damages. The court granted Sh25 million in general damages and Sh2.16 billion in special damages, citing unauthorised commercial use of the songs.

Magistrate Hassan, who presided over the case, ruled that the mobile company had profited from the content and caused financial harm to the artists.

Tigo appealed the decision at the High Court and simultaneously sought a stay of execution while the appeal was pending. The stay of execution request was rejected, allowing the artists to enforce the ruling.

As a result, the artists obtained a garnishee order, leading to the freezing of Tigo’s bank accounts. The company was compelled to pay the compensation even as its appeal continued.

In its High Court appeal, Tigo raised 11 grounds. However, Judge De-Mello quashed the lower court’s ruling on the sole basis that the District Court lacked jurisdiction, citing the size of the claim—over Sh4.3 billion—as exceeding the court’s legal limit.

Unhappy with that decision, the artists, represented by lawyer Albert Msando, filed an appeal to the Court of Appeal. They were later represented by advocates Elisa Jones Mndeme and Salmin Suleiman Mwiry, while Tigo was represented by advocate John James Ismail.

The Court of Appeal’s decision now sends the case back to the High Court, which must examine and determine the remaining 10 grounds raised by Tigo in its initial appeal.

While the compensation has already been paid, the upcoming proceedings will determine whether the Ilala District Court's ruling on the merits of the case still stands or could be overturned on other legal grounds.

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