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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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5 judgments
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Judgment date
June 2006
Quality Motors Ltd vs The Chair Man, Public Procurement Appeals Authority & 2 Others (Misc. Commercial Cause No. 14 of 2006) [2006] TZHCComD 62 (30 June 2006)
Judicial review and mandamus denied where applicant failed mandatory bid requirement and Appeals Authority dismissed appeal.
Public procurement — mandatory bid requirements — whether a High Court order can substitute for Manufacturer's Authorisation — judicial review vs. finality of procurement — availability of compensation where Appeals Authority dismisses complaint (s.82(4)(f), s.85 PPA).
 30 June 2006
Balbir Singh Saini & Another vs Saving and Finance (Commercial Case No. 83 of 2006) [2006] TZHCComD 55 (20 June 2006)
A lower court cannot reopen a Court of Appeal decision and execution requires certified proof of payment.
Civil procedure – Execution of decree – Requirement for affidavit and certification of payment under Order XXI CPC; Functus officio – Lower court cannot reopen matters decided by Court of Appeal; Proper remedy against appellate adjustment is review/revision at appellate court.
 20 June 2006
Madibira Agricutural Marketing Coop. Society Ltd vs D.N. Bahram & Others (Commercial Case No. 6 of 2005) [2006] TZHCComD 48 (5 June 2006)
Application dismissed after supporting affidavit was struck out for lacking verification clause and proper jurat.
Affidavit formalities; verification clause and jurat requirements; Notaries Public and Commissioners for Oaths Ordinance s.8; incurably defective affidavit; striking out affidavit; dismissal of unsupported application.
 5 June 2006
Computers & Programs Africa, PTY Ltd (T) Electric Supply Co. Ltd (Commercial Case No. 129 of 2005) [2006] TZHCComD 47 (2 June 2006)
Suit dismissed with costs where plaintiff failed to deposit security for costs within fixed time and gave no justification for delay.
Security for costs – Order XXV r.2(1) CPC – mandatory deposit within fixed time – late telegraphic transfer without leave insufficient – need for prior application or satisfactory reasons to depart – dismissal with costs.
 2 June 2006
Edith Majula Company Ltd And Benedict M. Mataba vs N.B.C Ltd & 3 Others (Commercial Case No. 176 of 2002) [2006] TZHCComD 39 (2 June 2006)
Default under a consent judgment permits execution by attachment and sale even if the title was not formally mortgaged.
Execution – attachment and sale of immovable property – Order XXI r.53 Civil Procedure Code – effect of consent judgment and repayment schedule – default under settlement – deposit of title deed as additional security/equitable mortgage – stay of sale refused.
 2 June 2006