Bongo stars AY, Mwana FA to pocket Sh98m after ruling
Tanzanian High Court has rejected an appeal from the country’s largest mobile phone service provider, Tigo, against a judgment that had been issued by a District court awarding two popular rappers AY and Mwana FA a whopping Sh98 million(Tsh2.2 billion).
In a landmark ruling in April last year, Ilala Senior District Resident Magistrate Juma Hassan awarded the two ‘Habari ndio hiyo’ hit makers damages worth Tsh2.2 trillion after they sued Tigo for unauthorized use of their two hits collaboration ‘Dakika Moja’ and ‘Usije Mjini’ as caller tunes.
FOUR-YEAR COURT BATTLE
In the ruling after a four-year court battle, AY and Mwana FA claimed that Tigo sold their content without their approval in form of caller tunes.
They demanded damages totaling to Sh193 million (Tsh4.3 billion).
However in his judgment, Magistrate Juma ordered the company to pay the plaintiffs Tsh5 million as general damages and Tsh2.16 billion as special damages in addition to the cost of the suit.
After the ruling, Tigo immediately filed for an appeal against the judgment at the High Court arguing that the magistrate had erred in law in his judgment because the artistes had not proved their claims or losses they suffered.
But in its sitting four days ago, the High Court dismissed Tigo’s appeal saying that it did not find any fault in the earlier judgment, effectively upholding the initial ruling by the District Court.
BIG WIN FOR MUSIC
Speaking after the high court determination, Mwana FA and AY’s lawyer Albert Msando said it was a big win for Tanzanian music industry as far as copyright protection was concerned.
“Huu ni ushindi mkubwa kwao na kwa tasnia ya muziki nchini. Ni haki yao kulipwa kwa sababu ni kazi zao ambazo zinalindwa kisheria,” Msando was quoted.
A similar suit in Kenya was filed against Safaricom at the High Court back in 2012 by musician John Boniface Maina popularly known as JB Maina, for alleged use of 10 of his songs as ringtones through ‘Skiza’ tunes without his consent.
However the case was withdrawn after Safaricom reached a Sh15.5 million settlement with the musician in 2014.
