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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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2 judgments
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2 judgments
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Judgment date
November 2003
Perseroan Rerbatas (P.T) Wings Surya vs Wilfred Malekia (Misc. Commercial Case No. 39 of 2003) [2003] TZHCComD 35 (20 November 2003)
Preliminary objections on affidavit defects and mis-cited law dismissed; objections on merits were inappropriate at preliminary stage.
Civil procedure – preliminary objections – affidavit sufficiency and disclosure of information sources; citation and applicability of CPC provisions (s.68; O.43 R.2; O.21 R.35; s.95) in contempt proceedings; merits vs. preliminary objection distinction.
 20 November 2003
(T) I investment Bank ltd vs Dr. Abel Nkini (Commercial Case No. 58 of 2003) [2003] TZHCComD 25 (17 November 2003)
The court held the sale was validly revoked after the purchaser missed the final extended deadline (31/12/2002).
Contract law – Sale agreement – Variation of payment deadline by correspondence and oral requests – Validity of revocation after final extension lapses; typographical error in cancellation letter; purchaser’s reliance on third-party debt irrelevant; waiver of contractual penalties by vendor’s conduct.
 17 November 2003