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/
2 judgments
Advanced search
All years
Filters
  • Filters
  • Judges
  • Alphabet
Sort by:
2 judgments
Citation
Judgment date
September 2008
Bibiti Ginneries vs (T) Railways Corporation PSRC (Commercial Case No. 35 of 2007) [2008] TZHCComD 8 (22 September 2008)
Court reduced taxed instruction fee from 3% to 1%, holding section 30(1) CPA gives taxing masters wide discretion overruling scale limits.
Costs – Taxation – Scope of taxing master’s discretion under section 30(1) Civil Procedure Act vs Advocates’ scales; whether 3% scale is minimum or maximum; judicial interference limited to error of principle or manifest excess; reduction of instruction fee from 3% to 1% where case decided on preliminary point; substitution of party name following statutory restructuring.
 22 September 2008
Agro - Processing and Allied Product Ltd vs Said Salim Bhakresa & Co. Ltd & Another (Commercial Case No. 31 of 2004) [2008] TZHCComD 4 (15 September 2008)
Registered trade mark "POA" confers exclusivity; similar marks by competitor caused passing off, justifying injunctions and damages.
* Trade marks – Registration confers exclusive right (Trade and Service Marks Act, s.31) – Use of identical or similar mark in same trade may constitute infringement and passing off. * Passing off – Likelihood of confusion assessed by reference to the nature of the goods and ordinary consumers – essential/strike word may dominate overall mark. * Administrative procedure – Applicant must respond to Registrar’s conditions or application deemed withdrawn (Trade Marks Rules, r.29). * Remedies – Injunctions, delivery up/destruction, special, general and punitive damages and costs.
 15 September 2008