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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
Citation
Judgment date
September 2003
Rene Vogt t/a Tofco SA & Another vs Tanade Parastatal sector & Another (Misc. Civil Application No. 21 of 2003) [2003] TZHCComD 36 (19 September 2003)
A specified public corporation under statutory receivership cannot be wound up by a private creditor's petition.
Companies — Winding up — Verification of petition (Rule 29 Winding Up Rules 1929) — formal defect curable under Rule 223(1); Public Corporations — Specification under Public Corporations Act s.43 — PSRC statutory receivership/official receiver role — bars private winding-up petitions; Locus standi — creditor status must be established by proper documentation.
 19 September 2003
Margesson Joseph Dalotta vs NBC Ltd & 2 Others (Commercial Case No. 134 of 2002) [2003] TZHCComD 15 (4 September 2003)
Withdrawal of the main suit granted; admission by principal debtor does not extinguish creditor's claim against guarantor.
• Civil procedure – Withdrawal of suit – O. XXIII r.1 CPC – withdrawal granted but leave to re‑institute requires formal defect or sufficient grounds. • Contract/Suretyship – Effect of judgment on admission by principal debtor – does not by itself discharge guarantor; liability co‑extensive under s.80 Law of Contract Ordinance. • Execution – only a decree holder may apply for execution; third parties cannot compel court to execute decree. • Stay – proceedings against guarantor not stayed pending proof of failed execution against principal debtor.
 4 September 2003
Tanzania Sugar Producer Association v Ministry of Finance of The United Republic of Tanzania & Another (Misc. Civil Case No. 25 of 2003) [2003] TZHCComD 26 (2 September 2003)
Court may grant interim injunctions before a main suit and against the government using inherent judicial powers.
Civil procedure – interim injunctions – jurisdiction to grant interlocutory injunctions before institution of main suit (Mareva-type orders) – inherent powers under s.2 Judicature Ordinance and s.95 CPC; Government proceedings – injunctions against the State/Attorney General – scope of proviso to Order XXXVII r.2 (GN. No. 376 of 1968) – government not immune where prima facie case and imminent injustice shown.
 2 September 2003