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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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June 2003
The Board of Trustees Parastatal Pension Fund vs Mark-Ad & PR International (T) Ltd (Commercial Case No. 53 of 2003) [2003] TZHCComD 38 (19 June 2003)
Applicant's admission of unpaid rent and absence of any triable issue led to dismissal of application and judgment for the plaintiff.
Rent arrears – admission of debt – admission and non-payment defeat relief; Civil procedure – summary disposal – affidavit must raise a triable issue to resist claim; Defence – denial of opportunity to pay does not constitute a substantive defence to arrears claim; Costs – unsuccessful application dismissed with costs and judgment entered for plaintiff.
 19 June 2003
TTLC Company Ltd & 3 Athers vs Tri-Tel (T) Ltd (Misc. Civil Case No. 6 of 2003) [2003] TZHCComD 39 (7 June 2003)
Company insolvent — winding up ordered; debenture invalid for lack of proper board authority; liquidator appointed to investigate.
Companies Ordinance – Winding up (s.167) – Insolvency grounds; locus standi of shareholder-creditor to support petition; Debenture validity – requirement of proper board resolution and quorum; Registration not conclusive; Receivers/Managers’ acts stayed on commencement of winding up; Appointment, powers and remuneration of liquidator; Investigation of company affairs and possible personal liability for fraudulent trading (s.269).
 7 June 2003
Akiba Comm Bank Ltd vs The Network of Techinical Publication of Africa & 4 Athers (Commercial Case No. 18 of 2003) [2003] TZHCComD 27 (6 June 2003)
Matter for T.shs 14.5m struck out: Act No.25/2002 ousts High Court jurisdiction; suit belonged in subordinate court.
Civil procedure – jurisdiction after Act No.25 of 2002 – pecuniary jurisdiction of Magistrates’ Courts raised to T.shs 100 million; effect on High Court jurisdiction; lowest competent court rule (CPC s.13); joinder of borrower and guarantor – Order II r.3(1); preliminary objections; suit struck out for want of jurisdiction.
 6 June 2003