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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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February 2006
Mohamed Enterprises (T) Ltd vs Sunshine Investment Ltd (Commercial Case No. 67 of 2006) [2006] TZHCComD 59 (15 February 2006)
15 February 2006
Universal Auto Electrical & Hardware (1986) Ltd vs NIC & Another (Misc. Commercial Case No. 44 of 2005) [2006] TZHCComD 52 (13 February 2006)
A continuing breach under section 7 restarts limitation, so the contractual claim was not time-barred.
Limitation law – Law of Limitation Act 1971 – section 7 (continuing breach) – accrual of cause of action – section 4 and 5 applicability after repudiation – contractual claims and tolling by negotiations/promises.
 13 February 2006
National Oil (T) Ltd & Another vs Standard Chartered Bank (T) Ltd (Commercial Case No. 95 of 2005) [2006] TZHCComD 49 (9 February 2006)
Defective verification is curable; absence of board-authorisation is not resolvable by preliminary objection.
Civil procedure – Pleadings – Verification of plaint – omnibus verification defective for failure to distinguish paragraphs true to knowledge or belief, lack of date/place and signatory titles – Order VI r.15; Curable defects – court’s duty to do substantive justice allows amendment; Preliminary objections – scope per Mukisa Biscuits test – matter requiring evidence (board resolution) not suitable as preliminary objection; Cause of action – sufficiency of plaint and annexures to show cause of action.
 9 February 2006
Plexus Cotton Ltd vs Ushirombo Cotton Ginnery Ltd & Another (Commercial Case No. 92 of 2005) [2006] TZHCComD 50 (3 February 2006)
Appointment of a receiver after the defence deadline does not allow late extension; suit proceeds ex parte against that defendant.
Civil procedure – Default – Effect of appointment of receiver/manager after expiry of time to file defence – O. VIII r.2 Civil Procedure Code (as amended by GN 422/94) – Receiver not a party unless joined – No power to extend time where period has lapsed.
 3 February 2006