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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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3 judgments
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Judgment date
March 2003
National Bank Of Commerce Ltd vs MS.Sahara Trading Co. Ltd & Another (Commercial Case No. 220 of 2002) [2003] TZHCComD 17 (31 March 2003)
Applicant guarantor failed to demonstrate triable issues to resist summary suit; application dismissed with costs.
Summary proceedings (Order XXXV) – leave to appear and defend – requirement to show triable issues; Allegation of prior mortgage – necessity of documentary proof or corroboration; Failure to produce documents and unexplained delay may justify inference of tactical defence; Application to defend dismissed with costs.
 31 March 2003
Heritage All Insurance Co.(T) Ltd vs Andrew Mkisi & 3 Others (Commercial Case No. 157 of 2002) [2003] TZHCComD 14 (18 March 2003)
An insurer cannot generally sue a wrongdoer in its own name absent assignment or insured’s consent; plaint struck out.
Insurance law – Subrogation – Whether insurer may sue wrongdoer in its own name absent assignment or insured’s consent – pleading requirements for assignment – amendment under Order 1 Rule 10 CPC – equitable bar to insurer recovering from driver where risk covered by policy.
 18 March 2003
MGS Inter (T) Ltd vs Halais Pro-Chemic Industries Ltd (Commercial Case No. 3 of 2003) [2003] TZHCComD 32 (18 March 2003)
Counsel’s justified simultaneous appearance before another judge warranted setting aside judgment and restoring application to defend.
Civil procedure – setting aside judgment – non-appearance of counsel excused where counsel was necessarily engaged in another court at same time – sufficient cause to restore application for leave to defend.
 18 March 2003