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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
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August 2001
CRDB Bank Ltd vs Noorally K.J. Dhanani & Another (Commercial Case No. 102 of 2001) [2001] TZHCComD 8 (23 August 2001)
Preliminary objection dismissed; issues involved required evidence and were not pure points of law.
Civil Procedure – Preliminary objection – Requirement to be raised within the written statement of defense – Suit against guarantors during receivership.
 23 August 2001
CRDB Bank Ltd vs Mwamba Enterprises Ltd & Another (Commercial Case No. 50 of 2000) [2001] TZHCComD 2 (10 August 2001)
An objection to sale in execution examines possession, not title; possession in trust for the judgment‑debtor disallows the objection.
Civil procedure — Sale in execution — Objection under Order XXI rules 57–60 and rule 88(1) — Scope limited to possession not title — Possession held in trust for judgment‑debtor disallows claim under rule 60 — Rule 88(1) inapplicable to a purchaser claiming paramount title.
 10 August 2001
CRDB Bank Ltd vs mwamba Enterprises Ltd & another (Commercial Case No. 50 of 2000) [2001] TZHCComD 3 (10 August 2001)
An objector in possession but holding the property in trust for the judgment-debtor cannot successfully object to sale in execution.
Civil Procedure — Order XXI rules 57–60 CPC — Objection to sale in execution — scope of inquiry limited to possession, not title or complex fraud allegations. Possession — actual possession vs. possession held in trust — effect on objection to execution sale. Order XXI rule 88(1) — setting aside sale for irregularity/fraud — inapplicable where applicant is neither decree-holder nor person statutorily entitled.
 10 August 2001
Arusha Planters And Traders Ltd vs Eurafrican Bank Tanzania Ltd (Commercial Case No. 58 Of 2001) [2001] TZHCComD 7 (3 August 2001)
Whether a consent judgment alleged to be procured by coercion must be challenged by review or by a separate suit, and whether the underlying suit remains "pending" under O. IV r.3 CPC.
Civil procedure — consent judgment — challenge on grounds of fraud/duress/undue influence — proper remedy (review or fresh suit); Commercial jurisdiction — O. IV r.3 CPC — whether a suit remains "pending" when parties seek to recast payment schedule; preliminary objections — limits on adjudicating merits when deciding jurisdictional/processual objections.
 3 August 2001