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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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4 judgments

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4 judgments


March 2004
Holder Insurance Services (Aviation) Ltd vs Precision Air Service Ltd (Commercial Case No. 7 of 2004) [2004] TZHCComD 60 (30 March 2004) Judgment on admission granted for the applicant's admitted balance despite the respondent's conditional pleadings and counterclaim. Civil procedure — Judgment on admission — Court may enter judgment where defendant's pleadings amount to admission (Order XII r.4 CPC) — Pleadings and admissions — Whether conditional or qualified statements defeat entry of judgment on admission — Counterclaim — Existence of counterclaim does not bar judgment on admission — Counterclaim must be substantial to prevent judgment	30 March 2004
(T) Glue-Lam Industries Ltd & Another vs Bjorn Schau & 4 Athers (Commercial Case No. 103 of 2003) [2004] TZHCComD 40 (26 March 2004) The applicant must have a board or general meeting resolution authorising litigation; without it the suit is incompetent. Company law — capacity to sue — Requirement that a limited liability company pass a resolution (board or general meeting) authorising commencement of legal proceedings — Bugerere Coffee Growers Ltd v Sebaduka applied	26 March 2004
Archie Chamungwana Mgoda vs Azania Bancorp Ltd & 2 Others (Commercial Case No. 79 Of 2001) [2004] TZHCComD 4 (25 March 2004) An amended chamber summons without a fresh supporting affidavit abandons the original affidavit and is struck out for lack of evidence. Civil procedure — Chamber summons — Original affidavit abandoned — Counter‑affidavit to non‑existent affidavit ineffective — Application struck out for want of evidence	25 March 2004
East Africa Mines ltd vs Elia Kapula & others (Commercial Case No. 66 of 2003) [2004] TZHCComD 25 (23 March 2004) Court recorded settlement as to some defendants and granted leave to withdraw against others with liberty to refile. Civil procedure — Settlement — Withdrawal of suit with leave under Order XXIII(2)(b) of the Civil Procedure Code — Liberty to refile	23 March 2004