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High Court Commercial Division

The Commercial Court was officially inaugurated on 15th September, 1999. The Government of Tanzania endorsed the recommendations in 1997. It is a division of the High Court of Tanzania. The difference with other High Court Registries is that this court specializes in the determination of commercial disputes only.

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4 judgments
Citation
Judgment date
August 2000
Trust Bank Tanzania Ltd vs Le - marsh Enterprises ltd and 2 Others (Commercial Case 4 of 2000) [2000] TZHCComD 6 (30 August 2000)
Reported
A computer-generated bank record is a bankers' book and is admissible subject to the Evidence Act's safeguards.
* Evidence — Bankers' books — Whether computer-generated records/computer print-outs constitute bankers' books under the Evidence Act, 1967 — Admissibility of electronic banking records subject to statutory safeguards (secs. 77–79). * Statutory construction — Courts may interpret outdated statutory terms broadly to reflect technological and commercial developments.
 30 August 2000
Tanzania Portland Cement Ltd vs Atigh And Son com.Ltd [2000] TZHCComD 15 (21 August 2000)
Court entered a consent judgment for the plaintiff of Tshs.18,018,000 with 24% interest; parties bear own costs.
Commercial law – consent judgment – court recording parties’ agreed monetary award and interest; costs each party to bear; payment mode left to parties.
 21 August 2000
Tanzania Portland Cement Ltd vs Atigh And Sons com.Ltd (Commercial Case No. 20 of 2000) [2000] TZHCComD 16 (21 August 2000)
Court entered consent judgment awarding Tshs.18,018,000 with 24% interest; each party to bear own costs.
* Commercial law – consent judgment – court records and enforces settlement terms as judgment; amount and interest rate specified. * Civil procedure – costs – parties may agree that each bears own costs in a consent judgment. * Enforcement – consent judgments give monetary settlements the status of enforceable court orders; payment modalities may be left to parties.
 21 August 2000
Kiganga & Associates Gold Mining Company Ltd vs Universal Gold N. L (Commercial Cause No. 24 of 2000) [2000] TZHCComD 12 (7 August 2000)
Unpaid costs did not bar refiling; company verification by a principal officer suffices; "and belief" struck out.
Commercial Division — interpretation of withdrawal order "on such terms" — does not create condition precedent to refiling; Civil Procedure Code — Order 28 r.1 & Order 6 r.15 (verification by corporation officers; specification of knowledge vs information and belief); s.97 CPC — court may amend or expunge procedural defects in pleadings; procedural defects in verification attract amendment/expunction, not dismissal.
 7 August 2000