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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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Citation	Judgment date
April 2008
Kastan Mining Ltd vs Luguruni Mining Ltd & 2 Others (Commercial Case No. 23 of 2008) [2008] TZHCComD 13 (23 April 2008) Commissioner’s Mining Act jurisdiction is limited; minerals excluded from land jurisdiction; defective verification is curable. * Mining law – s.101 Mining Act – scope of Commissioner for Minerals’ jurisdiction; commercial disputes over options to purchase mineral rights not automatically referable. * Land law – definition of "land" excludes minerals; disputes concerning minerals not necessarily within exclusive jurisdiction of Land Division. * Civil procedure – Order VI r.15(3) CPC – verification clause omission is procedural and curable; leave to amend under Order VI r.17. * Preliminary objections – may be decided on legal merit; not all objections are properly preliminary if dependent on evidence.	23 April 2008

Citation

Judgment date

April 2008

Kastan Mining Ltd vs Luguruni Mining Ltd & 2 Others (Commercial Case No. 23 of 2008) [2008] TZHCComD 13 (23 April 2008)

Commissioner’s Mining Act jurisdiction is limited; minerals excluded from land jurisdiction; defective verification is curable.

* Mining law – s.101 Mining Act – scope of Commissioner for Minerals’ jurisdiction; commercial disputes over options to purchase mineral rights not automatically referable. * Land law – definition of "land" excludes minerals; disputes concerning minerals not necessarily within exclusive jurisdiction of Land Division. * Civil procedure – Order VI r.15(3) CPC – verification clause omission is procedural and curable; leave to amend under Order VI r.17. * Preliminary objections – may be decided on legal merit; not all objections are properly preliminary if dependent on evidence.

23 April 2008