The Appellant, a Company dealing in the manufacture of
converted bodies of motor vehicles used in tourism safaris, was the plaintiff
in the High Court of Tanzania (Commercial Division) at Dar es Salaam. It
instituted Commercial Case No. 160 of 2014 against Respondents. The Appellant
claimed that the Respondents had infringed the latter’s copyright by
manufacturing similar motor vehicles’ bodies using the drawings designed and
used by the Appellant, that is; the R. S. A. Car Model bodies. It claimed that
the infringement has caused it to suffer specific damages by way of business
and good will. The Respondents denied the claims raised by the Appellant.
Having heard the case, the High Court found that the
Appellant had failed to prove ownership of the alleged copyright. The court
dismissed the suit with costs hence this appeal. When the appeal was called on
for hearing on 17/3/2020, the Court had to firstly dispose of the preliminary
objection raised by the Respondents.