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.

2 judgments
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2 judgments
Citation
Judgment date
December 2006
A district court lacked jurisdiction over a commercial insurance claim exceeding Tshs.30,000,000; appeal allowed.
Jurisdiction — point of jurisdiction may be raised at any stage including on appeal; Magistrates Courts Act — definition of "commercial case" and pecuniary limits; District Court lacks jurisdiction in commercial cases exceeding Tshs.30,000,000; uncertain contingent or daily- rate claims cannot be used to fix pecuniary jurisdiction; ex parte judgment void if court lacks jurisdiction.
12 December 2006
Jurisdiction may be raised anytime; District Court lacked jurisdiction over a commercial indemnity claim exceeding Tshs.30,000,000.
Jurisdiction – Issue of jurisdiction can be raised at any stage including on appeal; Magistrates Courts Act s.40(3)(b) – District Courts lack jurisdiction over commercial cases exceeding Tshs.30,000,000; Pecuniary jurisdiction – indeterminate future-dated daily loss claims cannot be used to inflate jurisdictional value; Commercial nature – insurer indemnity claims are commercial matters.
12 December 2006