Skip to document content Skip to main menu Skip to search

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.

Visit website

https://www.comcourt.go.tz/comcourt/

1 judgment

Advanced search

All years

All months

Filters

Sort by:

1 judgment

Citation	Judgment date
March 2006
Renair Ltd vs Phoenix of (T) Assurance Co. Ltd (Commercial Case No. 106 of 2005) [2006] TZHCComD 51 (28 March 2006) Allegations of non‑disclosure or alteration of insured risk are factual and must be tried, not resolved as preliminary points of law. * Civil procedure – preliminary objections – must raise pure points of law and cannot depend on disputed facts requiring trial evidence. * Insurance law – non-disclosure and material alteration of risk – factual issues not suitable for determination as preliminary points of law. * Procedural requirement – no obligation to cite a specific statute for a preliminary objection, but the objection must still be a pure point of law.	28 March 2006

Citation

Judgment date

March 2006

Renair Ltd vs Phoenix of (T) Assurance Co. Ltd (Commercial Case No. 106 of 2005) [2006] TZHCComD 51 (28 March 2006)

Allegations of non‑disclosure or alteration of insured risk are factual and must be tried, not resolved as preliminary points of law.

* Civil procedure – preliminary objections – must raise pure points of law and cannot depend on disputed facts requiring trial evidence. * Insurance law – non-disclosure and material alteration of risk – factual issues not suitable for determination as preliminary points of law. * Procedural requirement – no obligation to cite a specific statute for a preliminary objection, but the objection must still be a pure point of law.

28 March 2006