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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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August 2003
Musoma Dairy Ltd (Under Receivership) & 2 Athers vs East African Development Bank & Another (Commercial Case No. 83 of 2003) [2003] TZHCComD 33 (27 August 2003)
Court refused stay to arbitration where clause bound only a minority and risked multiplicity and inconsistent proceedings.
Arbitration – stay of court proceedings – application under ss.6 and 26 Arbitration Ordinance (Cap 15) – scope of arbitration clause; binding effect only on signatories; disputes governed by debentures/mortgages outside clause; risk of multiplicity and inconsistent findings; willingness/readiness to arbitrate; choice of law considerations (English vs Tanzanian law).
 27 August 2003
In The Matter of CRDB Bank Ltd vs In The Matter of Companies Ordinance (CAP 212) & Athor (Misc. Civil Application No. 6 of 2003) [2003] TZHCComD 31 (13 August 2003)
Court granted bank's application to rectify its share register under Companies Ordinance s101 after corrections were filed.
Companies Ordinance (Cap 212) s101 – rectification of register of members; erroneous entries and omissions in share register; supplementary affidavit and corrected board resolution cure initial misstatements; court empowered to order rectification (and damages).
 13 August 2003
(T) Sugar Producer Association vs The Ministry of Finance of The United Republic of (T)& Another (Misc. Civil Case No. 25 of 2003) [2003] TZHCComD 37 (2 August 2003)
Court affirmed power to grant interim injunctions pre-suit, including against government, under inherent jurisdiction and section 95 CPC.
Inherent jurisdiction — interim injunctions (Mareva-type) may be granted before institution of main suit in proper cases; applicability against Government despite proviso to O. XXXVII R.2; section 95 Civil Procedure Code and Judicature Ordinance empower courts to prevent abuse of process.
 2 August 2003