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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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Judgment date
October 2006
Mikoani Traders Ltd vs Engineering & Distributors Ltd (Commercial Case No. 49 of 2006) [2006] TZHCComD 58 (31 October 2006)
A verification clause missing verifier name, place and date is a curable procedural defect; amendment ordered, not striking out.
Verification clause — defects (absence of verifier’s name, place and date) — Order VI r 15(3) CPC — procedural defect curable by amendment — plaint not to be struck out.
 31 October 2006
Transnet Ltd t/a Spoonet vs Comazar (Proprietary) Ltd & Another (Commercial Case No. 55 of 2006) [2006] TZHCComD 63 (30 October 2006)
Stay refused: respondent not party to arbitration clause and applicant had taken steps in the proceedings.
Arbitration Act s.6 – stay of proceedings – requirements: parties to submission or persons claiming under them, no step taken in proceedings, readiness to arbitrate.* Scope of "person claiming under" – subsidiary/assignee/representative relationship required; independent parties not caught.* "A step in the proceedings" – includes applications to court (e.g., variation, review, interlocutory applications) which bring matter closer to determination.* Inherent jurisdiction/Civil Procedure (Arbitration) Rules – court may refer to arbitration only where parties agree; cannot force arbitration absent agreement.
 30 October 2006
Archard Felician Rugaimukamu And Kessy Ali & 87 Others vs Joyce Burton Burton Lusige & 2 Others (Commercial Case No. 51 of 2005) [2006] TZHCComD 45 (26 October 2006)
Sale to the auctioneer’s employee breached Order 21 rule 71, justifying nullification and re-auction to protect the decree-holder.
Civil Procedure – Execution sale – Order 21 r.71 prohibition on persons with duties in connection with sale bidding; auctioneer’s associate (driver) barred from purchasing. Civil Procedure – Setting aside sale – Order 21 r.88 requires material irregularity/fraud and substantial injury; lower sale price and favouritism satisfy requirement. Public auction – conflict of interest and rule against bias; illegality v. irregularity distinction.
 26 October 2006
National Insurance corporation Parastatal Sector Reform Commission vs Gift Eric Mbowe & Another (Commercial Case No. 69 of 2003) [2006] TZHCComD 41 (26 October 2006)
An unendorsed chamber summons and affidavit do not properly move the court and the application was struck out.
Advocates Act s.44(1) – endorsement/signature requirement for instruments prepared by advocates. Civil procedure – validity of chamber summons and affidavit – effect of lack of endorsement. Court of Appeal authority – need for signature on affidavits to properly move the court. Costs – no costs where defect raised by court suo motu.
 26 October 2006
Eurafrica Bank (T) Ltd vs Ami Travel Bureau Ltd & Another (Commercial Case No. 8 of 2006) [2006] TZHCComD 57 (20 October 2006)
A decree holder must prove a judgment debtor had means and acted in bad faith before committal to civil prison.
Civil procedure — Execution — Committal to civil prison under s.44(1) and O.XXI r.35/39 — Where debtor appears O.XXI r.39 applies — Decree holder bears burden to prove present ability to pay and bad faith — Dishonoured cheque insufficient without proof of means.
 20 October 2006