High Court of Tanzania

This is the second level in the Judiciary justice delivery hierarchy. It has both appellate and original powers on civil and criminal matters. It also hears appeals from the Courts of Resident Magistrate, the District Courts, and the District Land and Housing Tribunals in exercise of their original, appellate and/or revisional jurisdiction. The High Court is divided into Zones and specialized Divisions.

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24 Kivukoni Road, P O Box: S.L.P. 9004

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https://jmap.judiciary.go.tz/jmap/jmap-hc

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5 judgments

Citation	Judgment date
November 2005
Tanzania Cigarette Company Limited v Mastermind Tobacco (T) Limited (Commercial Case No. 11 of 2005) [2005] TZHC 1099 (28 November 2005) Trade and service marks -Infringement of trademark - Meaning of infringement - How infringement may be established — section 32(1) of the Trade and Service Marks Act, number 12 of 1986, Chapter 326 RE 2002. Intellectual Property Law -Trade and service marks — Registration of a trademark - Effect of registration - When such registration becomes valid - Whether a proprietor of a trademark can commit infringement. ! Intellectual Property Law -Trade and service marks — Registration of a trademark I -Registration of a trademark which is identical with a trademark belonging to a different proprietor and already on the register in respect of the same p goods — Prohibited - section 20 of the Trade and Service Marks Act, number 12 of 1986. । Intellectual Property Law -Trade and service marks — Registration - Date of registration of a trademark - section 28(l)(b) of the Trade and Service Marks Act, number 12 of 1986. Intellectual Property Law - Trade and service marks - Registration - Prior right of use of a trademark — Whether a person has a prior right of use of > a trademark which he has only applied for registration - Whether such prior right of use of a trademark is entitled to protection. I Intellectual Property Law - Trade and service marks - Registration -Registration has been opposed - Effect of such opposition on the validity of the registration.	28 November 2005
Tanzania Cigarette Company Ltd v Mastermind Tobacco (T) Limited (Commercial Case No. 11 of 2005) [2005] TZHC 85 (28 November 2005) Neither party could assert exclusive trademark rights where both registrations suffered from fraud or procedural defects under the law. Intellectual property – trade and service marks – registration – fraud – prior pending application – effect of procedural non-compliance – infringement – passing off – unfair competition – exclusive rights – goodwill – registration validity under the Trade and Service Marks Act.	28 November 2005
Mark Foley vs Robert Thomson and Another (Commercial Case No. 32 of 2005) [2005] TZHC 627 (15 November 2005) Application for receiver appointment dismissed for vagueness and failure to satisfy injunction/interim relief requirements. Civil procedure – interim relief – appointment of receiver – discretionary remedy requiring just and convenient exercise of court's power. Civil procedure – temporary injunction – applicant must satisfy established conditions (Atilio v Mbowe and authorities) before interim relief granted. Pleadings and affidavits – vagueness of prayers and failure to specify timing undermines application for interlocutory relief. Share transfer disputes – allegations of illegality and non-payment are matters for substantive determination, not automatic interim receivership.	15 November 2005
Sincro Engineering Ltd vs Construction Equipment Africa Limited (Commercial Case No. 33 of 2005) [2005] TZHC 628 (15 November 2005) An applicant must prove irreparable harm beyond monetary loss to obtain a temporary injunction; application dismissed. Civil procedure – Interim injunction – Application examined under the Atilio v Mbowe three‑part test (prima facie case; irreparable injury; balance of convenience). Interim relief – Applicant’s burden to show injury not adequately compensable by money; monetary loss insufficient for injunction. Pleadings – Prayer for monetary relief indicates adequacy of damages remedy; injunction refused.	15 November 2005
Sangijo Rice Millers Company Limited v S.M. Holdings Limited (Commercial Case No. 45 of 2004) [2005] TZHC 1100 (9 November 2005) Contract - Contract of sale of goods - Whether and under what circumstances a mere purchase order may amount to an agreement to sell. Contract - Contract of sale of goods — Delivery - Mode of delivery - Agreement is silent on mode of delivery - Delivery in one lot presumed. Contract - Contract of sale of goods - A term of the contract stipulates that presentment of documents be taken as delivery - Buyer fails to attach documents - Seller is taken to have failed to deliver the goods. Contract - Contract of sale of goods - Rules governing delivery of goods - Whether Buyer is bound to accept delivery in instalments. Contract - Contract of sale of goods - Expiry of contract by effluxion of time - Liability of parties after such expiry of time. C Sale of goods - Contract of sale of goods - Whether and under what circumstances a mere purchase order may amount to an agreement to sell. Sale of goods - Contract of sale of goods - Delivery - Mode of delivery - Agreement is silent on mode of delivery - Delivery in one lot is presumed. D Sale of Goods - Contract of Sale of Goods - A term of contract stipulates that presentment of documents be taken as delivery - Buyer fails to attach documents - Buyer taken to have failed to deliver the goods. Sale of Goods - Contract of Sale of Goods - Rules governing delivery of goods. - Whether the seller is bound to accept delivery in instalments. ; Sale of goods - Contract sale of goods - Expiry of contract by effluxion of time - Liability of parties after such expiry of time. Held: (i) The purchase order, together with the conduct of the parties, constituted an agreement to sell. (ii) Where an agreement is silent on the mode ofdelivery, the presumption is that it is intended to be delivered in one lot, unless, by conduct the buyer accepts delivery, , B by instalments; (iii) By selling 500 bales out ofthe 2000 bales contracted before the expiry ofthe contract period the seller had prematurely breached the contract; full delivery ofthe 2000 bales within July/August 2004 was the essence ofthe contract and that term was breached by the seller; (iv) The buyer was at liberty to rescind the contract	9 November 2005