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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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2 judgments
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Judgment date
February 2001
CRDB Bank Ltd vs Onesmo Nyakura Ndegi (Commercial Case No. 66 of 2000) [2001] TZHCComD 4 (15 February 2001)
Applicant granted unconditional leave to defend after affidavit disclosed bona fide triable issues on mortgage and guarantee.
Civil procedure — Order XXXV (summary procedure) — leave to defend — requirement of bona fide triable issue disclosed by affidavit — mortgage and guarantee validity — issues of mixed law and fact requiring full trial; payment into court normally not imposed absent sham defence (Kundanlal; Mugambi; Zola).
 15 February 2001
Trust Bank Tanzania Ltd vs LE-Marsh Enterprises Ltd & 2 others (Commercial Case No. 4 of 2000) [2001] TZHCComD 6 (9 February 2001)
Guarantors held liable for unpaid loan; bank’s computerized account statements admissible and conclusive absent challenge.
Banking law – loan facility and secured overdraft – validity and terms of letter of offer; Guarantees – personal guarantors’ liability co-extensive with principal debtor; Evidence – admissibility of computer printouts as banker’s books under Evidence Act (ss.77–79) and weight of unchallenged account statements; Contract – whether failure to perfect securities or non-disbursement of overdraft relieves debtor or guarantors; Civil procedure – abandonment of counterclaim by omission in amended defence.
 9 February 2001