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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
Citation
Judgment date
July 2003
Gapcop (T) Ltd vs Khorshed A. Mula t/a Mula Trading Co.Ltd (Commercial Case No. 47 of 2003) [2003] TZHCComD 28 (18 July 2003)
Failure to obey court timetable and show sufficient cause warrants refusal of extension and entry of summary judgment.
* Civil procedure – extension of time – application for leave to appear and defend – requirement to show sufficient cause for delay; failure to comply with court-ordered timetable justifies dismissal. * Civil procedure – summary judgment – entry under Order XXXV Rule 2(2)(a) where defendant fails to obtain leave to appear and defend.
 18 July 2003
Captain Othman M. Othman & Another vs Tanganyika Investment Oil & Transport Company Ltd (Commercial Case No. 167 of 2002) [2003] TZHCComD 19 (15 July 2003)
Ex parte award of unpaid salary arrears and statutory injury compensation; food-provision and unproved damages claims disallowed.
* Employment contracts – validity established by appointment letters – entitlement to unpaid wages; * Evidence – ex parte proof must satisfy balance of probabilities; * Labour claims in commercial division – jurisdiction and procedural cure for misjoinder (O.1 r.9 CPC); * Food/catering claims – require specific contractual or evidentiary proof; * Workmen’s Compensation assessment accepted for injury compensation.
 15 July 2003