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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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5 judgments
Citation
Judgment date
December 2002
National Bank of Commerce Ltd vs Nabro Limited & Another (Commercial Case 44 of 2001) [2002] TZHCComD 1 (4 December 2002)
An advocate previously retained by the applicant on the same subject matter must withdraw when retained by the respondent.
* Professional conduct – Advocate–client confidentiality – Disqualification of counsel previously retained on same subject matter; conflict of interest – former retainership for debt collection – protection of client confidence and public perception.
 4 December 2002
November 2002
CRDB Bank Ltd vs Wembere Shipping Line Company Ltd & Another (Commercial Case No. 274 Of 2001) [2002] TZHCComD 5 (1 November 2002)
Court appointed a receiver to preserve and realise mortgaged property after the judgment debtor defaulted under a debenture.
* Civil procedure – Execution – Appointment of receiver and manager under Order XXXVIII r.1(1), Section 42 and Section 68 of the CPC; * Receivership – Discretionary remedy exercised where judgment debtor default and debenture clause permit appointment; * Security enforcement – preservation and realisation of mortgaged property; * Sale procedures – tender vs court auction concerns.
 1 November 2002
September 2002
Ashak Kabani and Another vs Ayisi Makatiani and Others (Commercial Case No. 265 Of 2001) [2002] TZHCComD 4 (30 September 2002)

Prerequisites for stay of proceedings pending arbitration under the repealed Arbitration Act

 30 September 2002
May 2002
Kweyambah Quaker vs The Presidential Parastatal Sector Reform Commission & Another (Commercial Case No. 14 of 2000) [2002] TZHCComD 3 (3 May 2002)
Extension of time refused where delay was unexplained and proceedings were time‑barred under THA Act.
Extension of time — chamber summons — applicant failed to show "supervening events" — delay unexplained — matter time‑barred under Tanzania Harbours Authority Act 121 of 1977, ss.66(1) and 67(a),(b) — application dismissed.
 3 May 2002
March 2002
CRDB Bank Ltd vs John Kagimbo Lwambagaza (Commercial Case No. 10 of 2000) [2002] TZHCComD 2 (12 March 2002)
Trial court lacks jurisdiction to hear execution objection after the judgment-debtor has initiated appellate proceedings.
Execution — sale in execution; matrimonial home and spousal interest under Law of Marriage Act s.59; jurisdictional effect of notice/leave to appeal on trial court’s power to entertain execution objections; interlocutory relief pending appeal.
 12 March 2002