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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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October 2009
A/S Noremco Construction (Noremco) vs Dar Es Salaam & Sewerage Authority (DAWASA) (Commercial Case No. 47 of 2009) [2009] TZHCComD 1 (23 October 2009)
The court dismissed preliminary objections, allowing the suit concerning an adjudicator’s decision to proceed on its merits.
Civil Procedure – Preliminary objections – Cause of action, res judicata, party joinder, and procedural defects.
 23 October 2009
Efficient Freighter (T) Ltd vs Lilian Kamena (Commercial Case No. 33 of 2009) [2009] TZHCComD 16 (23 October 2009)
Applicant awarded container replacement cost; detention, clearing charge and general damages not proved; interest reduced.
Commercial law – clearing and forwarding – claims for demurrage/detention, replacement and clearing charges; burden of proof on claimant; inconsistent invoices undermine claimed sums; general damages require pleading and proof; court reduces excessive interest rates.
 23 October 2009
Universal McCann (T) Ltd vs Stanbic Bank (T) Ltd & Another (Commercial Case No. 108 of 2003) [2009] TZHCComD 5 (22 October 2009)
The defendant bank negligently failed to verify account‑opening documents per BoT guidance and is liable for conversion of the plaintiff’s funds.
Banking law – duty of bank to verify identity, directors and authenticity of company documents when opening accounts – compliance with Bank of Tanzania Circular No. 8 of 2000. Negligence – banker’s failure to make proper inquiries and follow up referees amounts to negligence; liability for conversion of funds. Forgery and fraud – third party presenting forged memorandum/articles and false resolution. Indemnity – bank entitled to be indemnified by fraudulent third party for sums paid to injured customer. Damages and interest – award of principal, general damages and post‑judgment interest.
 22 October 2009
A & SD Company Ltd and Albert malangalila vs CRDB Bank Ltd & Another (Commercial Case No. 57 Of 2001) [2009] TZHCComD 3 (5 October 2009)
Citing general procedural provisions when specific rules apply renders an interlocutory application incompetent.
Civil Procedure – Interlocutory relief – Where specific procedural rules (Order XXXVII) apply, general powers under sections 68 and 95 cannot be invoked in their place. Execution – Sale in execution – Remedy to set aside sale for irregularity located in Order XXI r.88(1). Procedural competence – Citing wrong enabling provisions renders an application incompetent.
 5 October 2009