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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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4 judgments
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July 2008
Kiwengwa Strand Hotel Ltd vs Royal Insurance (T) Ltd (Commercial Case No. 68 of 2003) [2008] TZHCComD 1 (23 July 2008)
Court granted extension of time and stay of execution after appeal struck out due to defective decree, finding applicant diligent.
Civil procedure — extension of time to file notice of appeal — defective decree and appeal struck out — due diligence and Limitation Act — leave to apply for stay of execution out of time — considerations: irreparable harm, balance of convenience, security.
 23 July 2008
JCR Enterprises Ltd vs Islam Balhabou Tanganyika Investment & 2 Others (Commercial Case No. 77 of 2007) [2008] TZHCComD 9 (22 July 2008)
A plaint must disclose facts connecting a defendant to the alleged wrong or the defendant's name may be struck out.
Civil procedure – Pleadings – Cause of action must be disclosed in the plaint; material facts connecting defendant to alleged wrong are mandatory; failure to plead such facts permits striking out under Order VII r.11/12; preliminary objections to be raised early (Order VIII r.2); corporate personality – company’s separate legal identity distinguishes liability of company from its agents/directors.
 22 July 2008
Tanzidia Assurance Co. Ltd vs Rabco (T) Ltd (Commercial Case No. 37 of 2006) [2008] TZHCComD 7 (16 July 2008)
A taxing master may judiciously depart from prescribed fee scales under S.30; taxed costs affirmed.
Advocates' Remuneration and Taxation of Costs – taxation of bills – interplay between prescribed scales and S.30 Civil Procedure Act – taxing master's discretion to depart from scales where exercised judiciously; factors to consider (value, complexity, conduct, access to justice); allowance of instruction fee above scale; reasonableness of omnibus charges and absence of receipts.
 16 July 2008
Fauzia Jamal Mohamed vs Saving and Finance Commercial Bank Ltd (Commercial Case No. 44 of 2004) [2008] TZHCComD 5 (10 July 2008)
Taxing officer allowed most costs, disallowed four items, and upheld secretarial fees, taxing the bill at Tshs. 10,514,000.
Costs taxation – bill of costs reviewed by taxing officer; disbursements and attendances allowed as presented; secretarial/clerical fees treated as allowable direct costs without separate receipt; specific items (2, 24, 27, 30) taxed off; taxed total Tshs. 10,514,000.
 10 July 2008