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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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2 judgments
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Judgment date
May 2006
Mr. Joseph Obetto vs Ali Suleiman Khamis (Commercial Case No. 16 of 2006) [2006] TZHCComD 60 (23 May 2006)
Leave to defend summary suit granted despite unverified counter‑affidavit; defect treated as curable and triable issues found.
Civil procedure – summary suit – leave to appear and defend under Order XXXV; affidavit formalities – verification clause – curable defect; requirement of notice before raising preliminary objection; avoidance of technicalities defeating substantial justice (Article 107A(2)(e)).
 23 May 2006
Tangamano Transport service Ltd vs Elias Raymont (Commercial Case No. 50 of 2004) [2006] TZHCComD 44 (12 May 2006)
Court found defendant negligent, awarded Tshs.35,215,367 and Tshs.5,000,000; insurer not liable for failure to be timely notified.
Tort — Negligence — wrongful parking causing collision; criminal conviction under s.43A Evidence Act as evidence of negligence. Contributory negligence — burden on defendant to prove contributory fault; absent here. Damages — total loss valuation: use of import/SGS documents, adjustment for currency devaluation and depreciation; special damages must be pleaded and strictly proved. Insurance — existence of cover note/estoppel; insurer’s liability depends on notice and policy terms; failure to notify claimant’s loss can relieve insurer of indemnity.
 12 May 2006