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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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3 judgments
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Judgment date
October 2003
M/S Property Bureau (T) ltd vs Parastatal pension fund (Commercial Case No. 31 of 2023) [2003] TZHCComD 23 (31 October 2003)
31 October 2003
Mire Artna Ismail vs Sofia Yasin Njati & Another (Commercial Case No. 313 of 2002) [2003] TZHCComD 16 (20 October 2003)
Defendant may amend defence to seek nullification without counter-claim, but a pending lower-court application raises jurisdictional lis pendens concerns.
• Civil Procedure – Amendment of pleadings – Leave to amend written statement of defence to include nullification prayer without formal counter-claim. • Civil Procedure – Counter-claim – When formal counter-claim unnecessary because adjudication of plaintiff’s claim disposes of defendant’s relief. • Jurisdiction/Lis Pendens – Section 8 CPC and Order VI, Rule 3 (as amended) – pending lower-court proceedings may preclude High Court (Commercial Division) from entertaining same matter.
 20 October 2003
Moba Trasnport Company vs National Oil (T) ltd (Commercial Case No. 40 of 2003) [2003] TZHCComD 24 (15 October 2003)
The applicant failed to prove prior export; the respondent lawfully withheld fuel pending bond cancellation.
Contract for sale of fuel — condition precedent to delivery — proof of exportation required for customs bond cancellation — burden of proof on claimant — authenticity and verification of customs documents — evidence from carrier and customs officials.
 15 October 2003