Tanzanian Court nullifies Sh2.1bn award to Bongo flava artistes Mwana-FA, AY

Dar es Salaam. The High Court has nullified a decision that ordered telecom giant MIC Tanzania Limited (Tigo)to pay famous Bongo flava artistes Hamisi Mwinyijuma “Mwana-FA and Ambwene Yessaya “AY” Sh2.18 billion in damages for copyright infringement.

Lady Justice Joacquine De-Mello sided with Tigo that the Ilala District Court did not have jurisdiction to entertain a lawsuit the two musicians had filed against the telecom company.

The artistes sued MIC in 2012 for the payment of Sh4.3 billion for unauthorised use of their music as caller tunes.

The court decision came when the two musicians had already pocketed the huge sum after winning a fierce court battle with Tigo, which had vigorously challenged execution of the court order.

The company had to pay the money following an order bu the Ilala District Court that attached their accounts after delays in paying the money.

Tigo had already filed for and was successfully granted permission by the High Court to file an appeal against district court’s order out of time when the order was being executed.

The lawyer representing Tigo, Mr Rosan Mbwambo, told The Citizen yesterday he will write to the artistes to ask them to return the money collected from his client. “If they don’t heed to the request, we’ll file an application to seek a court order to attach their properties,” said Mr Mbwambo, adding: “If necessary, we will ask the court to order that they be arrested and committed to civil prison.”

The court decision is likely to set the stage for a new court battle between the artistes, who have made big names in Bongo flava music, and MIC, the third largest mobile operator in Tanzania, with a 25 percent market share.

Ilala District Court senior resident magistrate Juma Hassan ordered Tigo on April, 11, 2016 to pay the artistes after he was satisfied that the mobile service provider used their songs – Usije Mjini and Dakika Moja – without their consent or agreement.

Tigo challenged the decision in an eleven-ground appeal, arguing that the Ilala court did not have jurisdiction to hear the case. Justice De-Mello sided with Tigo that the court did not have monetary jurisdiction to entertain the case involving that huge amount of money.

In Tanzania, monetary jurisdiction of the district courts in civil matters is provided under section 40 (2) (a) and (b) of the Magistrates’ Courts Act.

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By Bernard James@TheCitizenTz [email protected]