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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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December 2003
In The Matter Of The Companies Ordinance And In The Matter Of Prime Oceans Ltd vs Alhussein Dhanani & 3 Others (Commercial Case No. 17 of 2002) [2003] TZHCComD 13 (29 December 2003)
Court dismissed respondents' preliminary objections to winding-up petition, finding res judicata inapplicable and affidavit and locus standi proper.
* Companies law – Winding-up petitions – Preliminary objections – res judicata inapplicable where earlier suit not finally determined; governed by Companies (Winding Up) Rules. * Corporative standing – Contributory/shareholder – entitlement and documentary proof are evidential matters not for summary disposal. * Affidavit requirements – matters within deponent’s knowledge are acceptable; vague objections to affidavit dismissed.
 29 December 2003
National Bureau De Change Ltd vs Tai Milling Industries Ltd & 3Athers (Commercial Case No. 92 of 2003) [2003] TZHCComD 34 (18 December 2003)
Commercial Division struck out a later-filed summary suit because an identical earlier suit was pending in another registry.
* Civil procedure – summary suits (Order XXXV) – locus standi of defendant to bring interlocutory applications before obtaining leave to appear.* Jurisdiction – Order IV r.1(3) Civil Procedure Code – Commercial Division must not entertain suits on commercial matters pending before another competent court or tribunal.* Stay vs striking out – where earlier suit on identical subject matter is pending the later suit in another registry should be struck out.* Precedent – applied decision in Commercial Case No.20 of 2000.
 18 December 2003
Agro Processing and Allied Products Ltd & Others vs Asia Ally Zahoro (Commercial Case No. 107 Of 2001) [2003] TZHCComD 8 (12 December 2003)
Applicant failed to prove title to attached bakery assets; annexures inadmissible; objection dismissed with costs.
Civil procedure — Execution/attachment — Order XXI Rule 57 — Objector must prove title at time of attachment; inadmissibility of uncertified public documents, unstamped instruments and notary-attested drafts; ostensible authority of judgment debtor; objection to execution dismissed.
 12 December 2003