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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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1 judgment

Citation	Judgment date
January 2003
Guuled Whole Salers Ltd vs CMG Investment Ltd [2003] TZHCComD 20 (31 January 2003) A company is bound where an employee, acting with apparent authority, orders, receives and admits goods on its behalf. * Commercial law – supply of goods – proof of delivery and value – tax invoices and delivery notes establish supply and value. * Agency/apparent authority – company bound by acts of employee who orders, signs and receives goods using company address/stamp. * Admissions – written confirmation signed by employee "for" company can constitute admission of liability. * Evidence – internal company procedures do not necessarily negate apparent authority where third party reasonably relies on employee’s representations. * Interest – trial court’s discretion to refuse excessive contractual rate and award nominal and decretal interest. * Costs – successful claimant entitled to costs.	31 January 2003

Citation

Judgment date

January 2003

Guuled Whole Salers Ltd vs CMG Investment Ltd [2003] TZHCComD 20 (31 January 2003)

A company is bound where an employee, acting with apparent authority, orders, receives and admits goods on its behalf.

* Commercial law – supply of goods – proof of delivery and value – tax invoices and delivery notes establish supply and value. * Agency/apparent authority – company bound by acts of employee who orders, signs and receives goods using company address/stamp. * Admissions – written confirmation signed by employee "for" company can constitute admission of liability. * Evidence – internal company procedures do not necessarily negate apparent authority where third party reasonably relies on employee’s representations. * Interest – trial court’s discretion to refuse excessive contractual rate and award nominal and decretal interest. * Costs – successful claimant entitled to costs.

31 January 2003