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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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Citation	Judgment date
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

Citation

Judgment date

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